Last updated: November 20, 2024

GENERAL OVERVIEW

Late Night Epiphanies LLC a/k/a LNE (“we” or “us” or “our”) respects the privacy of our users (“user” or “visitor” or “you”). This Privacy Policy is for our website www.latenightepiphanies.com, including our online store powered by Shopify Inc., and extends to other sites we own, our activities on various platforms, social media, apps, and any interactions you have with us through calls, emails, etc., collectively referred to as our "Sites". This policy outlines the types of information we collect on our Sites, how we might use this information, who we might share it with, under what conditions, and the choices you have regarding your personal data. Please review this policy carefully. By using any of our Sites, making a purchase, or interacting with us in other ways, you consent to this Privacy Policy. If you disagree with any part of this policy, please refrain from using our Sites or sharing personal information with us.

We may update this Privacy Policy at any time for various reasons, such as compliance with new regulations, technological advancements, or security improvements. Updates will take effect immediately once we post the revised policy on our website, and you forfeit the right to be individually notified of each change. We'll indicate any updates by changing the "Last Updated" date on this Privacy Policy. 

You're advised to review this Privacy Policy periodically to keep up to date with any changes. By continuing to use our Sites after we post an updated Privacy Policy, you acknowledge, consent to, and accept these changes.

PERSONAL INFORMATION WE COLLECT

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Personal Details: This encompasses the information you provide us when you sign up or engage with our Sites, including:

• Basic contact details including your name, address, phone number, email.
• Order information including your billing address, shipping address, payment confirmation, email address, phone number.
• Demographic details including age, gender, place of origin, interests, among others.
• Account information including your username, password, security questions.
• Shopping information including the items you view, put in your cart or add to your wishlist.
• Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.
• Information Shared with Third-Party Services: When you submit information through certain features on our Sites (such as forms for sending messages to other users), your data (including names, email addresses, and messages) may be collected and processed by third-party service providers. We use Globo’s Powerful Form Builder to enable these features, which may collect and store the information you provide to support this service.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Financial Information: We might collect financial data related to your payment methods (for example, credit card number, its brand, and expiration date) during transactions like purchases or returns on our Sites. We keep minimal financial data, with the majority being handled and stored by our payment processors, Shopify Payments and PayPal, whose privacy policies you might want to review.

Usage and Device Information: Our servers automatically log details when you visit our Sites, such as your IP address, device type, browser, geographical location, the pages and content you view on our Sites, what you click on, and other similar information about your visit.

Social Media Information: If you link your social media accounts, we might receive data like your name, username on social media, location, gender, birthdate, email, profile picture, and any public information about your contacts.

Information from Third Parties: We may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

• Companies who support our Site and Services, such as Shopify.
• Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
• When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.

Derived Data: Based on the information we collect, we might make inferences about you, like your location from your IP address or suggesting products you might like based on your activity on our Sites.

HOW WE USE YOUR INFORMATION

Maintaining accurate information about you helps us offer a seamless, effective, and tailored experience. We may utilize the data we gather from you through the Sites for various purposes, such as:

• Setting up and overseeing your account and profiles
• Handling and executing purchases, orders, payments, and other site-related transactions
• Communicating with you about your account or orders through email or messages
• Addressing your inquiries, feedback, and customer service issues
• Enhancing your interaction with the Sites, including enabling user comments, reviews, and interactions
• Seeking your feedback and reaching out to you about your use of the Sites
• Informing you about updates and changes to the Sites
• Organizing and managing sweepstakes, promotions, and contests
• Introducing you to new products, services, apps, and making personalized recommendations
• Sending you coupons, newsletters, and information about promotions and the Sites
• Tracking and analyzing your usage patterns to improve the Sites
• Conducting research and development to enhance our offerings
• Boosting the Sites' efficiency and functionality, including fixing any operational issues
• Engaging in necessary business activities
• Resolving conflicts and addressing technical problems
• Deterring, investigating, and addressing security issues and fraudulent activities, and safeguarding against illegal actions
• Supporting law enforcement efforts and complying with legal requests
• Fulfilling our legal responsibilities, including adhering to your rights as recognized by law or regulatory standards

Depending on your location, you might have the right to opt-in or withdraw consent for certain uses of your information. If you're in such regions, you might have additional rights outlined in the "Access, Correction, and Deletion" section. For residents of California or European citizens, your specific rights are described in the "California Privacy Rights" and "European Data Protection Rights" sections, respectively.

SHARING YOUR INFORMATION

In certain circumstances, we might share the information we've collected from you:

LNE insists that any affiliates, business partners, and third parties that receive your information must adhere to this Privacy Policy. They are contractually forbidden from using your information for anything other than what's specified in their agreements with LNE.

LNE does not lease or sell your information.

Affiliates: Your information may be shared with entities related to us, such as our parent company, subsidiaries, joint venture partners, or other companies we have control over or are aligned with us.

Business Partners: We might share your information with our partners to bring you specific products, services, or offers.

Third-Party Service Providers: Your information could be shared with external service providers who carry out tasks on our behalf, like payment processing, data analysis, email dispatch, hosting, customer support, and marketing help.

We use Globo's Form Builder application to support certain form features on our Sites. Globo has access to the data you enter in these forms (e.g., names, email addresses, and messages) and processes this information to fulfill form submission services. While Globo does not share this data with third parties, it may retain and process this data as described in their Privacy Policy.

Marketing Communications: With your approval, or the option to revoke consent, we may share your information with third parties for marketing purposes, as allowed by law.

Third-Party Advertisers: Third-party advertising firms might be used to display ads on the Sites. These firms may utilize details about your visits to the Sites and other sites, captured through cookies, to offer ads about products and services that might interest you. 

Other Third Parties: We might share your data with advertisers and investors for business analysis purposes. We might also share your information with such third parties for marketing objectives, as the law permits.

YOUR CONSENT

Your personal details may be shared with others if you give us your clear consent.

LEGAL OBLIGATIONS AND SAFETY MEASURES

We may disclose your information if it's deemed necessary to protect the rights, property, or safety of others, comply with legal proceedings, or address potential breaches of our policies. This could involve contacting emergency services or law enforcement, or sharing information with other organizations for fraud prevention and risk management.

Disclaimer for Third-Party Services: By using certain features on our Sites that involve third-party services like Globo Form Builder, you acknowledge that these services may collect and process data independently from us. While we strive to choose reputable providers, we are not liable for data management or security breaches that may occur within these third-party systems.

CHANGES IN BUSINESS STRUCTURE

In events like a company restructure, sale of assets, merger, or acquisition by another company, your information may be passed on to the new owner. If we face bankruptcy or cease operations, your data might be transferred or acquired by a third party. You acknowledge that these transfers can happen, and the new owner might not uphold the commitments outlined in this Privacy Policy.

MANAGING YOUR INFORMATION

Account Details

You can review or modify your account information, or close your account on our Sites at any time by:

• Updating your account through your account settings
• Reaching out to us using the provided contact details

If you ask to close your account, we'll deactivate or erase your account and information from our active databases. Nonetheless, we might retain some of your data in our files for necessary or legally mandated purposes, such as fraud prevention, problem-solving, conducting investigations, enforcing our Terms of Use, or fulfilling legal obligations.

EMAIL COMMUNICATIONS

By sharing your email address with LNE, you agree to receive our email newsletters. However, you can opt out of these newsletters at any time by clicking the "unsubscribe" link or following the opt-out instructions provided.

LNE might also reach out to you via email about any orders you've placed on our Website, or to address any customer service inquiries, comments, or suggestions.

If you wish to stop receiving promotional or special offer communications from us, you can opt out by:

• Setting your communication preferences when you sign up on the Sites
• Updating your preferences in your account settings
• Contacting us as outlined in the "Contact Us" section below

Please note, even after opting out of promotional messages, we still may need to send you essential service-related and administrative messages, from which you cannot opt out. Should you decide you no longer want to receive messages from third parties, you'll need to get in touch with the third party directly to opt out.

COOKIES

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

USER GENERATED CONTENT

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

THIRD PARTY WEBSITES AND LINKS 

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We advise you to be cautious when navigating to third-party websites, given that we do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

CHILDREN’S DATA

The Services are not intended to be used by children, and we do not knowingly collect information from or market to children under the age of 13 without verifiable parental consent. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

SECURITY AND RETENTION OF YOUR INFORMATION

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsafe channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Data Processed by Third Parties: While we implement measures to protect your data, please note that data shared with third-party services (such as Globo Form Builder) is also subject to their security practices. Globo retains form data for up to one year or as long as necessary to comply with legal obligations. We advise reviewing Globo's privacy practices to understand how they secure and manage this data.

YOUR RIGHTS AND CHOICES

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

• Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
• Right to Delete. You may have a right to request that we delete personal information we maintain about you.
• Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
• Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
• Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
• Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
• Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
• Data Shared with Service Providers: For data processed by third-party providers like Globo, you may contact us to exercise your rights concerning this data, and we will coordinate with these providers as needed to respond to your requests (e.g., deletion requests).

You may exercise any of these rights where indicated on our Site or by contacting us at hello@latenightepiphanies.com. If you make a request, we have one month to respond to you.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

COMPLAINTS

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS

If you reside in California, you are granted specific rights regarding your personal information under California privacy laws. This section provides additional details about the personal information we collect from California consumers and the rights afforded to them.

California's "Shine the Light" Law:

California residents may annually request and obtain, at no charge, information about the personal information (if any) we've disclosed to third parties for direct marketing purposes in the preceding calendar year. This information includes categories of data shared and the names and addresses of those third parties. To make such a request, please contact us at hello@latenightepiphanies.com. If you make a request, we have one month to respond to you.

For California residents under 18 who have a registered account with our Services, you have the right to request the removal of data you've posted publicly. While we will ensure this data is no longer publicly visible, please note that it might not be completely removed from our systems.

California Consumer Privacy Act (CCPA):

If you are a California resident, you have specific rights concerning your personal data:

• Right to Know: You can request details about the categories and specific personal information we've collected, used, and potentially sold. To exercise this right, reach out to us using the contact details provided.
• Right to Delete: You have the right to request the deletion of your personal information, though certain exceptions may apply.
• Authorized Agent: You can designate an authorized agent to make these requests on your behalf, but they'll need to provide proof of your authorization.
  
  

To confirm your identity when you make a request, we may ask for certain identifying information like your email, phone number, or recent transaction details. We might also employ a third-party service for verification.

We commit that exercising your privacy rights will not lead to any discriminatory treatment in terms of the services or prices we offer.

For the preceding 12 months from the date of this Privacy Policy, we affirm that we haven't sold personal information about our users. We intend to uphold this practice going forward.

EUROPEAN DATA PROTECTION RIGHTS 

European law provides citizens of countries located in the European Economic Area and the United Kingdom with the following rights with respect to their personal data: 

The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that LNE correct any of your personal information you believe is inaccurate. You also have the right to request LNE to complete your personal information that you believe is incomplete.

The right to erasure – You have the right to request that LNE erase your personal data. Please note that we may retain certain information as required or permitted by applicable law. 

The right to restrict processing – You have the right to request that LNE restrict the processing of your personal data, subject to the conditions in this Privacy Policy. 

The right to object to processing – You have the right to object to LNE’s processing of your personal data, subject to the conditions in this Privacy Policy. 

The right to data portability – You have the right to request that LNE transfer your personal data that we have collected to another organization, or directly to you, subject to the conditions in this Privacy Policy and so long as such transfer will not adversely affect the rights and freedoms of others. 

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at hello@latenightepiphanies.com.

INTERNATIONAL USERS

If you are visiting the Sites from outside the United States, your information may be transferred to, stored and processed in the United States or other countries in accordance with this Privacy Policy. Your personal information is also processed by staff and third party service providers and partners in these countries. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Sites and/or providing personal information to us, you consent to transfer of your information to our facilities as described in this Privacy Policy. 

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

CONTACT

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at hello@latenightepiphanies.com.