Privacy Policy

Who We Are:

Cherry by Ele(“us”, “we”, or “our”) operates http://www.cherrybyele.com (the “Site”, “Website”). This Site collects some personal data from its users ( “User” “You”,“Your”, refers to anyone who views, visits, or uses the website)  and we are committed to protecting and respecting your privacy.

This Privacy Policy (“Policy”) explains our views, practices, and policies regarding the information collection, use, and sharing, of Cherry by Ele with respect to your use of our website and the services (“Services”) we provide.

Please be sure to carefully read this Privacy Policy and ensure that you understand it.

YOU ARE CONSIDERED TO HAVE ACCEPTED OF OUR PRIVACY POLICY WHEN YOU FIRST USE OUR SITE. If you do not agree to and accept our privacy policy, then you must stop using our site.

By using our site you certify that you are an adult, at least 18 years of age.

INFORMATION COLLECTION, PURPOSE, AND USE

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include; but is not limited to name, email address, cookies, usage data, and password.

Cherry by Ele understands that your privacy is important to you and that you care about how your information is used and shared online. Our site only collects and uses information in ways that are consistent with your rights and our obligations under the law. Namely, data is processed:

● When you give specific and express consent for us to do so

● When necessary for the performance of a contract, where you are a party to that contract (for example, if you buy something we will need to collect payment and delivery information in order to deliver that product to you)

● When necessary for compliance with a legal obligation

● When necessary in order to protect the vital interest of the data subject (you) or of another natural person.

● When necessary for the purposes of the legitimate interests pursued by us, except where such interest is overridden by your interest or fundamental rights and freedoms.

This Policy applies to our use of any and all data collected by us in accordance with your use of our site.

Personal information does not include

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s and GDPR’s scope

What personal data we collect and why we collect it

We collect information in multiple ways, including when you provide information directly to us; when we passively collect information from you, such as from your browser or device; and from third parties.

Personal Information Collected on this Website

No personally-identifiable information is collected on this website from persons that browse our website. The only personally-identifiable information collected on this website is gathered on specified sign-up forms, where fields are provided so that you can provide your name and email address to leave a comment or receive a download, newsletter, or other emails on updates, giveaways, or other offers. We collect this information so that we can respond to the comments or questions that you post.

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

Anonymous Information Collected on this Website

We record anonymous data. Most of the information that we collect from this website is anonymous information, such as the pages you visit. Other anonymous data we may collect might include the name of your internet service provider, the website that you used to link to our site, other interests you have, basic demographic information, the websites that you visit from our site, and your IP address. The data is used for statistical purposes only, but you, as the individual user, remain anonymous. We use this anonymous information to help improve the content of this site and to compile aggregate statistics about individuals using our site for internal market research purposes.

Cookies

Cookies are small text files placed on your computer or device by our site when you visit certain parts of our site. When you visit our website, we may assign your computer one or more cookies to facilitate access to our website, personalize your online experience and record information about your visit.

Through the use of a cookie, we also may automatically collect information about your online activity on our website, such as the web pages you visit, the links or advertisements you click on and other actions you take while on our website. The cookies do not store any Personally Identifiable Information (PII) about you.

Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies.

If you choose to decline cookies, please note that some of the features and services of our website may not function properly. We also use cookies for purposes such as maintaining continuity during an online session; gathering data about the use of our site; monitoring online promotions; and anti-fraud and information security purposes.

We may allow third parties, advertising companies, and ad networks (“Advertisers”) to display advertisements on our website. Advertisers may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements.

Our website does not provide any PII to these Advertisers, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they delivered, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect directly from you. The collection and use of that personal information is subject to the particular Advertiser’s privacy policy.

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site.

This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

In addition, we may use third-party services such as Independent Analytics that collect, monitor, and analyze this data.

Web Beacons

Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide useful information like ad impressions or clicks, measure the popularity of the Services and associated advertising, and to access user cookies. We may also use tracking technologies in our license buttons and/or icons that you can embed on other sites/services to track the website addresses where they are embedded, gauge user interaction with them, and determine the number of unique viewers of them. If you receive email from us (such as the newsletter, campaign updates, or other ongoing email communications), we may use certain analytics tools, such as clear GIFs, to capture data such as whether you open our message, click on any links or banners our email contains, or otherwise interact with what we send. This data allows us to gauge the effectiveness of our communications and marketing campaigns. As we adopt additional technologies, we may also gather additional information through other methods.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Links to Other Sites

Our website does contain links to affiliates and other websites. Our site does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. It may include their practices and instructions about how to opt-out of certain options. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found on the browsers’ respective websites.

Through affiliate links, identifying information may be carried over to an outside site to show that you visited that site from our site to ensure proper commissions are issued.

Some of the advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has its own Privacy Policy for their policies on user data.

How We Use Your Information

We may use the information we collect from and about you in various ways, including to:

• Fulfill the purposes for which you provided it.
• Provide, operate, and maintain our website
• Improve, personalize, and expand our website
• Understand and analyze how you use our website
• Develop new products, services, features, and functionality
• Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
• Send you emails
• Find and prevent fraud
• Provide and improve the Services, including to develop new features or services, take steps to secure the Services, and for technical and customer support.
• Fundraise, accept donations, or process transactions.
• Send you information about your interaction or transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed.
• Carry out our obligations arising from any contracts entered into between you and us
• Process and respond to your inquiries or request your feedback.
• Conduct analytics, research, and reporting, including synthesizing and deriving insights from your use of our Services.
• Comply with the law and protect the safety, rights, property, or security of Cherry by Ele, the Services, our users, and the general public; and Enforce our Terms of Use, including investigating potential violations thereof.

Please note that we may combine information that we collect from you and about you (including automatically collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Privacy Policy.

We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes.

Legal Basis for Processing Personal Data

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose information that can be directly linked to or used to identify you. To the extent those laws apply, our legal grounds for processing such information are as follows:

To Honor Our Contractual Commitments to You.

Much of our processing of information is to meet our contractual obligations to provide services to our users.

Legitimate Interests.

In many cases, we handle information on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected  individuals, these include:

• Customer service
• Marketing, advertising, and fundraising
• Protecting our users, personnel, and property
• Managing user accounts
• Organizing and running events and programs
• Analyzing and improving our business
• Managing legal issues
• We may also process information for the same legitimate interests of our users and business partners.

Legal Compliance.

We may need to use and disclose information in certain ways to comply with our legal obligations.

Consent.

Where required by law, and in some other cases where legally permissible, we handle information on the basis of consent. Where we handle your information on the basis of consent, you have the right to withdraw your consent; in accordance with applicable law.

LAWFUL BASIS OF PROCESSING PERSONAL DATA UNDER THE GDPR

 We may process personal data relating to users if one of the following applies:

•         Users have given their consent for one or more specific purposes;

•         Provision of data is necessary for the performance of an agreement with the user and/or for any pre-contractual obligations thereof;

•         Processing is necessary for compliance with a legal obligation to which we are subject;

•         Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;

•         processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Who we share your data with

We contract with the third parties  to supply products, services, and a good user experience on our behalf. These include payment processing, delivery of goods, search engine facilities, advertising, and marketing.

In some cases, these parties may require access to some or all of your data, when that is the case we take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with the law.

When We Disclose Your Information

We may disclose and/or share your information under the following circumstances:

Service Providers.

We may disclose your information with third parties who perform services on our behalf, including without limitation, event management, marketing, customer support, data storage, data analysis and processing, and legal services.

Legal Compliance and Protection of Others.

We may disclose your information if required to do so by law or on a good faith belief that such disclosure is permitted by this Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (a) to comply with legal process; (b) to enforce or apply our Terms of Use and this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) enforce our Charter including the Code of Conduct and policies contained and incorporated therein, (d) to respond to your requests for customer service; and/or (e) to protect the rights, property, or personal safety of Cherry by Ele, our agents and affiliates, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Business Transfers.

As we continue to develop our business, we may engage in certain business transactions, such as the transfer or sale of our assets. In such transactions, (including in contemplation of such transactions, e.g., due diligence) your information may be disclosed. If any of our assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets.

Affiliated Companies.

We may disclose your information with current or future affiliated companies.

Consent.

We may disclose your information to any third parties based on your consent to do so.

Aggregate/De-identified Information.

We may disclose de-identified and/or aggregated data for any purpose to third parties, including advertisers, promotional partners, and/or others.

DATA RETENTION

We process and store your personal data for as long as required by the purpose they have been collected for.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between us and the user will be retained until such contract has been fully performed;
• Personal data collected for the purposes of our legitimate interests will be retained as long as needed to fulfill such purposes;
• Information submitted through forms, such as email forms or contact forms are retained until such a time as the data subject chooses to unsubscribe or invokes their right under GDPR to be forgotten.
• We may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn;
• We may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, personal data will be deleted and some of your rights (i.e. the right to access, the right to erasure, the right to rectification, and the right to data portability) cannot be enforced after the expiration of the retention period.

Online Analytics

We may use third-party web analytics services (such as Independent Analytics) on our Services to collect and analyze the information discussed above and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described in the “What personal data we collect and why we collect it” section above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive to our Site, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. Independent Analytics does not use a cookie but the information is stored in our server and is GDPR compliant.

Information from Third Parties

To the extent permitted by law, we may also collect information from third parties, including public sources, social media platforms, and marketing and market research firms. Depending on the source, this information collected from third parties could include name, contact information, demographic information, information about an individual’s employer, information to verify identity or trustworthiness, and information for other fraud or safety protection purposes.

THIRD-PARTY DISCLOSURE

We do not sell, trade, or otherwise transfer to outside parties your personal information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users (such as, for example, Aweber), so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Your Choices and Data Subject Rights

You have various rights with respect to the collection and use of your information through the Services. Those choices are as follows:

What rights you have over your data

If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us.

You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Email Unsubscribe

If you have subscribed to our email list you can unsubscribe at any time or by emailing contact@cherrybyele.com with your request to have all personal data obtained via our email marketing service erased.

Account Preferences

If you have registered for an account with us through our Services, you can update your account information or adjust your email communications preferences by logging into your account and updating your settings.

International Transfers

As described above in the “When We Disclose Your Information” section, we may share your information with trusted service providers or business partners in countries other than your country of residence in accordance with applicable law. This means that some of your information may be processed in countries that may not offer the same level of protection as the privacy laws of your jurisdiction. By providing us with your information, you acknowledge any such transfer, storage or use. 

If we provide any information about you to any third parties information processors located outside of the EEA, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy and other data protection laws to govern the transfers of such data.

Security Measures

The security of your personal information is important to us.

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Unfortunately, no method of transmission over the internet is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. Cherry by Ele does not knowingly collect any Personal Identifiable Information from children under the age of 13.

The Services are intended for users over the age of 18 and are not directed at children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, or personal data (as defined by the EU GDPR) from children under the age of 16, we will take reasonable steps to delete it as soon as practicable.

 If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

If you are under thirteen (13) years of age, please do not use the Site or provide any information on the Site, including your name, screen name, username, address, telephone number, email address, and payment details.

If we learn we have collected or received personal information from a child under thirteen (13) years of age without verification of consent from a parent or guardian, the personal information collected or received shall be deleted with no delay.

Rights of California Residents

If you reside in California, California Law (CCPA) gives you the right to ask if we sell or disclose your personal information to third parties.

We do not sell your personal information to third parties for others’ direct marketing. We have not sold your personal information in the past. California law also gives you the right to opt out of such sales.

YOUR RIGHTS UNDER THE CCPA

Users who reside in California have the right to request any of the following

• disclosure of the categories and specific pieces of personal information we have collected
• deletion of personal information we have collected from you
• disclosure of the categories of personal information we have collected, the categories of sources from which we collected it, the business or commercial purpose for collecting or selling it, the categories of third parties with whom we share it, and the specific pieces of personal information we have collected
• disclosure of the categories of personal information we collected or sold and the categories of third parties to whom it was sold

You have the right not to receive discriminatory treatment for the exercise of these privacy rights.

YOUR RIGHT TO OPT OUT OF THE SALE OF PERSONAL INFORMATION

Under the CCPA, “sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.

As per the CCPA definition, selling personal information includes disclosing information to a third party by using analytics tools, running ads or having social media pixels and plugins installed.

Users who reside in California have the right to opt out of the sale of personal information.

Requests to exercise your right to opt-out can be submitted by you or someone legally authorized to act on your behalf by email. 

EU Data Subject Rights

Individuals in the European Economic Area (“EEA”) and other jurisdictions have certain legal rights (subject to applicable exceptions and limitations) to obtain confirmation of whether we hold certain information about them, to access such information, and to obtain its correction or deletion in appropriate circumstances. You may have the right to object to our handling of your information, restrict our processing of your information, and to withdraw any consent you have provided. To exercise these rights, please email us at contact@cherrybyele.com with the nature of your request. You also have the right to go directly to the relevant supervisory or legal authority, but we encourage you to contact us so that we may resolve your concerns directly as best and as promptly as we can.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

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 we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. Please contact us if you would like to exercise any of these rights.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Changes to our privacy policy

We may change this privacy policy as we deem necessary from time to time or as required by law. Any changes will be posted on our site and you will have been deemed to have accepted them on your first use of our site following alterations. You should check this page regularly to ensure you are keeping up to date.

How to contact us

Should you have any questions or concerns regarding our site or this privacy policy, contact us at contact@cherrybyele.com.