Brilliantly

Privacy Policy

 

EFFECTIVE DATE: July 9, 2021

 

This privacy policy (“Privacy Policy”) describes how Armington Studios Inc., a Delaware corporation (“Brilliantly,” “us,” or “we”) that owns and operates https://www.brilliantly.co/ and the Brilliantly Warm mobile application (collectively, the “Services”), collects, uses, and/or shares your Personal Information (as defined below) when you visit and use the Services and make a purchase from us.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. IF YOU HAVE PURCHASED SERVICES SUBJECT TO THIS PRIVACY POLICY, PLEASE DISCONTINUE THE USE OF YOUR SERVICES AND CONTACT US USING THE CONTACT INFORMATION BELOW.

 

1. PERSONAL INFORMATION WE COLLECT.

 

When you visit and use our Services, we may collect your Device Information (as defined below), Order Information (as defined below), and/or Contact Information (as defined below). Collectively, Device Information, Order Information, and Contact Information are “Personal Information.” Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services. While some of the Services may not require you to provide any information that can directly identify you by name, the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide.

 

The types of data we may collect directly from you includes:

• Name, address, telephone number, and email address;

• Log-in credentials, if you create an account;

• Billing information, such as shipping address, credit or debit card number, verification number, and expiration date;

• Information about purchases or other transactions with us;

• Information about your customer service and maintenance interactions with us;

• Information you choose to attribute in connection with your devices;

• Demographic information such as your gender;

• If you choose to participate in a research study related to our products and Services, information provided in connection with such research;

• User-generated content you post in public online Brilliantly forums; and

• Any other information you choose to directly provide to Brilliantly in connection with your use of the Services.

 

Information About Others. If you request that your purchase be shipped to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.

 

Device Information. When you visit the Services, we may automatically collect certain information that does not personally identify you but may uniquely identify the device you are using to visit or connect to the Services (e.g. your computer, tablet, smartphone, or Brilliantly Warm devices) (each a “Device”), including technical, usage, and diagnostic data, such as information about your web browser, your Device manufacturer, your operating system and version, general location information, and your time zone and language settings. Additionally, as you use the Services, we may collect information about the individual web and application pages, content, or products that you view on the Services, what websites or search terms referred you to the Services, and information about how you interact with the Services.

 

We and our Service Providers (as defined below) collect Device information by setting cookies and other tracking technologies on the Services. For more information about cookies and other tracking technologies used on the Services, and your controls over their use, please review our Cookie Policy in Section 4 below. 

 

How We May Use Your Device Information:

• To help us screen for potential risk and fraud, in particular, by using your IP address. 

• To measure, analyze, improve, and optimize the Services and create new products and services.

 

Order Information. To make a purchase through the Services, you will be required to provide certain information so that we can complete your purchase, including your name, billing address, shipping address, payment information, email address, and phone number.

 

How We May Use Your Order Information:

• To send you invoices and/or order confirmations.

• To process your payment information and arrange shipment of your order.

• To communicate with you about your purchase.

• To administer promotions or giveaways that you have entered into.

• To screen our orders for potential risk or fraud.

 

Contact Information. When you use the Services, there are several opportunities for you to interact with us, such as by contacting us via the Contact Form, emailing us directly, or by commenting on one of our blog articles. When you do so, we will collect and use your name, email address, and any other information you voluntarily provide to us so that we can respond to you (“Contact Information”). Additionally, when you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

 

How We May Use Your Contact Information:

• To respond to the questions and inquiries you sent to us.

• Provide updates and additional information to you about our products and the Services.

• If you are a subscriber, to send you occasional marketing newsletters and other email updates about Brilliantly (“Newsletters”). For instructions on how to opt-out of receiving Newsletters, please see Section 7.

• To administer promotions or giveaways that you have entered into.

• To approve your comments and prevent spam if you are trying to comment on our blog articles.

 

Information from Third-Party Sources. We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you with the Services and improve our products, analytics, and advertising. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

 

Additionally, we may use your Personal Information to:

• Protect Brilliantly, our users, and the public, and comply with applicable law, regulation, or legal process, including to:

• validate user information for fraud and risk detection purposes

• resolve disputes and protect the rights of users and third parties

• respond to claims and legal process (such as subpoenas and court orders)

• monitor and enforce compliance with any applicable terms

• prevent or stop any activity that may be illegal, unethical, or legally actionable

 

• To operate our business, including to:

  • process payment transactions (see more details below)

  • manage and enforce contracts with you or with third parties

  • resolve disputes, collect fees, and troubleshoot problems

  • prevent potentially fraudulent, prohibited, or illegal activities, and enforce our contracts

  • manage our corporate governance, compliance, and auditing practices

 

• For any other purpose for which you expressly authorize us to use your information.

 

Aggregate/Anonymous Data. We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

 

2. LEGAL BASES FOR USING YOUR PERSONAL INFORMATION

 

The legal bases for using your information as set out in this Privacy Policy are as follows:

• Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of our websites and applications which you accept by using such websites and applications; and/or our contract to provide our Services to you); or

• Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our websites, products, software, and applications; operate our business and our Services; ensure safe environments for our staff and visitors; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services).

• Where we have your consent, in accordance with applicable legal requirements, to use your information for a particular purpose.

• Where we use your information to comply with applicable legal obligations (for example, keeping track of purchases for tax and auditing purposes).

 

3. SHARING YOUR PERSONAL INFORMATION WITH THIRD PARTIES.

 

Service Providers. Like most companies, we use tools from third-party service providers to help us with various parts of our business (“Service Providers”), and depending on the service we need, these Service Providers may have access to your Personal Information. For example, we use a Service Provider’s email software to manage our Newsletter subscriptions, and if you have given us your email address to subscribe to the Newsletter, then your email address will be shared with that Service Provider. We also use Service Providers for the following purposes:

• To host the Services. 

• To process your orders and payment information.

• To deliver emails and the Newsletter. 

• To help us conduct web analytics on the Services.

 

We require all Service Providers to treat your Personal Information as confidential information and to only use it for the particular purpose for which it is shared with them.

 

Business Transfers. As we continue to develop our business, we may reorganize as a business entity, acquire entities, subsidiaries, or business units, or enter into joint ventures with third parties. In any of these types of transactions, any information you provide may be one of the transferred business assets (subject to any pre-existing privacy notice unless you consent otherwise). In the event that all or substantially all of our assets are acquired or we merge with a third-party, your Personal Information will likely be one of the transferred assets. You understand and agree that we reserve the right to transfer any information collected from you in the case of any such transfer. In such event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.

 

Legal. We may disclose information you provide to respond to subpoenas, court orders, requests from authorities, and other legal process, and to establish/exercise our legal rights. We may also disclose your information to defend against legal claims when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We may share your information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of our terms and contracts, or as otherwise required by law.

 

4. COOKIES AND OTHER TRACKING TECHNOLOGIES.

 

We and our Service Providers may use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences.

 

What are Cookies? A cookie is a small text file that is stored on your Device by a website you visit. Commonly, companies use cookies on their websites to identify visitors, to remember visitors’ preferences, to better understand how visitors use and interact with the website, and to keep visitors logged in into their accounts while they navigate the website. Cookies are either first-party cookies, which belong to the domain you are visiting, or third-party cookies, which are set by and belong to a different domain than the one that you’re currently visiting. 

 

Your Control Over Cookies. In some cases, a third party might give you the ability to opt-out of receiving their cookies. Please review the third party’s privacy policy and/or cookie policy for more information. You can also control how cookies are used by updating your browser settings to accept or refuse all or certain types of cookies. If you choose to reject certain cookies, please note that the Services and/or some of its features may not function properly. However, you can still place orders over the phone or by contacting customer service.

 

Do Not Track. Please note that we do not alter our Service’s data collection and use practices when we see a Do Not Track signal from your browser.

 

5. OPTING OUT OF OR UNSUBSCRIBING FROM NEWSLETTERS.

 

If you wish to unsubscribe from receiving Newsletters, you can click on the “unsubscribe” link at the bottom of the email. Unless otherwise stated upon opt-out, please allow up to 24 hours before you stop receiving Newsletters. You may also continue to receive emails unrelated to marketing.

 

6. THIRD PARTIES AND THEIR POLICIES.

 

Throughout the Services, you may see links to third-party websites or applications. We are not responsible for the privacy practices of these third-party sites, and when accessing their sites, we encourage you to read their privacy policies.

 

7. DATA RETENTION.

 

How long we store your Personal Information will depend on the purpose that we originally collected it. We will not retain Personal Information for longer than is necessary for our legitimate business interests or to comply with legal requirements. If you would like your Personal Information deleted, please contact us at hello@brillantly.co.

 

8. SECURITY.

 

We store and process your Personal Information using third-party servers located in data centers in the United States. We employ administrative, physical, and technical safeguards, including data encryption, which are designed to protect your information from unauthorized access and to comply with applicable privacy laws where we operate. Your Personal Information will be kept on our servers or on those of our service providers and only those employees that require it for the purposes of their duties will have access to your Personal Information. 

 

No security measures are perfect or impenetrable and no method of data transmission can be guaranteed to prevent any unauthorized interception, access, disclosure, alteration, destruction, or other type of misuse. We also depend on you to protect your information. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your account password or other sensitive or confidential information with anyone. If you become aware of any breach of security or privacy, please notify us immediately. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

 

If we learn of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services, you agree that we may communicate with you electronically. We may post a notice on the Services if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), please contact us.

 

9. SOCIAL MEDIA FEATURES.

 

The Services may include integrated social media features, such as sharing articles. These features may collect the email address you use for that social network. Social media features are hosted by that social media network and your interactions with these features are governed by the privacy policy and terms of such social media network.

 

10. MINORS.

 

The Services are not directed to children under the age of 13 and we do not knowingly collect information from children under the age of 13. If we learn that we have received any type of information from a child under the age of 13, we will delete such information. Please contact us at hello@brilliantly.co if you believe we have collected information from a child.

 

11. NOTICE TO CALIFORNIA CONSUMERS.

 

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, and as defined under applicable California law) for such third parties’ 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 to hello@brilliantly.co

 

This Supplemental California Privacy Notice only applies to our processing of Personal Information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA specifies that natural persons who are California residents have the right to know what categories of Personal Information we have collected about them and whether we have disclosed or sold that Personal Information for a business purpose (e.g., to a service provider) in the preceding twelve (12) months. For purposes of the CCPA, we do not “sell” any Personal Information, nor do we have actual knowledge of any “sale” of Personal Information of minors under 18 years of age. As of the Effective Date of this Privacy Policy, we do not qualify as a “business” for purposes of the CCPA.

 

12. NOTICE TO NEVADA RESIDENTS.

 

If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

 

13. NOTICE TO NON-U.S. RESIDENTS.

 

We are a U.S.-based company and only intend to provide our Services to residents of the U.S. at this time. However, you may have additional rights based on your home country or location. We are committed to complying with all laws and regulations that may apply to our collection, use, and disclosure of Personal Information. For example, data located in the EU may be subject to the General Data Protection Regulation (“GDPR”), which allows for eligible data subjects to withdraw their consent to the collection and processing of Personal Information, as well as to exercise the following rights:

 

• Right to be Informed.

• Right to Access.

• Right to Rectify.

• Right to Erasure.

• Right to Restrict Processing.

• Right to Data Portability.

• Right to Object.

• Rights related to Automated Individual Decision-Making and Profiling.

 

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you believe you are entitled to certain rights based on your home country or location, please contact us by email at hello@brilliantly.co. You may also have the right to submit a complaint to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.

 

Our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect or process Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.

 

14. VERIFIABLE CONSUMER REQUESTS.

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. In order to verify your request, we will ask you to provide your name, email address, and certain other pieces of identifying information. Once you or your authorized agent has submitted the requested information and any necessary supporting documentation, we will confirm the information by reviewing it against our records. The only purpose for which we will use such submitted information is to verify your identity and once the submitted information has been used for that purpose, it will be deleted from our records in accordance with this Prrivacy Policy. To designate an authorized agent, please contact us.

 

15. ACCESSING, MANAGING, AND/OR UPDATING YOUR PERSONAL INFORMATION. 

 

You may be able to access, update, or correct some of your Personal Information directly in your account settings on the Services. If you cannot update your Personal Information in your account settings, please contact us at hello@brilliantly.co.

 

16. CHANGES.

 

We are always improving, and we may occasionally modify or update this Privacy Policy accordingly. Any information that we collect is subject to the policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we may use the email address or other Personal Information you’ve provided to us to notify you of such changes or post a notification on the Services, and we will indicate when such changes will become effective in any such notice by updating the Effective Date. It is your responsibility to periodically monitor and review this Privacy Policy and any changes we make. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised policy.

 

17. CONTACT US. 

 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at hello@brilliantly.co or by mail using the details provided below:

 

PO Box 23481

Providence, RI 02903