Last Updated: December 7, 2023
This website is owned and operated by ERL Clothing LLC. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to information that identifies you as a person (“Personal Information”) that we collect through our Website (as defined below) as well as information we may collect offline.
This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Website”). “You/your/user(s)” means you as a user of our Website.
By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Use, and any other terms or policies we post on the Website. If there is anything you do not understand, please email any inquiry to legal@erl.studio. If at any time you do not agree to this Privacy Policy, please do not use the Website or provide us with any Personal Information.
We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
- YOUR SECURITY
We strive to keep your Personal Information private and safe. We take commercially reasonable physical, technical, and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Website.
- YOUR RIGHTS
Various state laws provide you with certain rights as a consumer. If you are a resident of any of those states, you may have the following rights:
- The right to correct inaccuracies in your Personal Information
- The right to request that we delete your Personal Information (unless we have a legal obligation to maintain such information)
- The right to obtain a copy of your Personal Information from us that would allow you to transmit the data to another company
- The right to opt out of the use of your Personal Information for purposes of targeted advertising
We will not discriminate against you for exercising your privacy rights.
- HOW TO EXERCISE YOUR RIGHTS
If you believe you are a resident of any state that has passed applicable laws relating to your privacy rights, please send your request to exercise any of these rights to us at legal@erl.studio.
If you wish to opt out of the use of your Personal Information for targeted advertising or remarketing, please click here.
- CATEGORIES OF INFORMATION WE COLLECT
We use Personal Information in three ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information when you use our Website. Third, we may collect Personal Information from public sources or from third parties who have obtained such Personal Information in compliance with applicable laws and have the legal authority to provide such Personal Information to us.
We will only collect Personal Information which is adequate and reasonably necessary in relation to the purposes described in this Privacy Policy.
- Personal Information You Provide to Us
The Personal Information you provide to us is generally:
- Contact details including name, email, telephone number and shipping, billing address
- Login and account information, including unique user ID and password
- Personal details including gender, hometown, date of birth and purchase history
- Personal preferences including your wish list as well as marketing preferences
- Purchase history
- Payment or credit card information
We collect Personal Information directly from you when you provide it to us. This typically occurs when you:
- Sign up for our email list
- Place an order with us online
- Send us an email or other communication
- Register for an account with us
- Participate in our promotions, surveys, and/or contests
- Send us an email or other communication that contains any Personal Information
- Automated Information
We also collect information, some of which may be Personal Information, through automated means when you visit our Website (“Automated Information”) such as:
- The IP address of the device you use to connect to the internet (which may include information about your geographic location)
- The unique identifiers of your device
- Your browser characteristics
- Your device characteristics
- Your operating system
- Your language preferences
- The websites you visited before coming to our Website or through which you were referred to our Website
- Information on actions taken by you on our Website
- Dates and times of your visits to our Website
- The pages you accessed on our Website
Most web browsers automatically accept cookies. If you do not wish to have cookies on your system, you can set your browser to refuse them. Please review the specific instructions from your browser in order to do this. However, please note that not accepting cookies may make certain features of our Website unavailable or difficult to view or use.
iii. Information We Obtain From Third Parties
We may obtain Personal Information from third parties for marketing and other business purposes. We require that any third parties from whom we may obtain such Personal Information represent to us that they have acquired the Personal Information in compliance with all applicable laws and have the right to provide us such Personal Information for our marketing purposes.
We may also collect Personal Information from publicly available sources.
Third parties may collect information via our Website through cookies, third party plug-ins, widgets, and other technologies in order to:
- Deliver our targeted advertisements to you across the Internet;
- Provide us with analytical information about your visit to our Website;
- Provide us with analytical information about your interactions with our Website and other websites.
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We use Loop Returns to assist with customer returns. You can read more about how Loop Returns uses your Personal Information here: https://www.loopreturns.com/privacy-policy/
- HOW WE USE THE INFORMATION WE COLLECT
We will use your Personal Information in the following circumstances:
- To fulfill product a product order;
- To send you confirmation of your order;
- To communicate with you about the status of your order;
- To communicate with you about products, promotions, or other topics that we believe may be of interest to you;
- To personalize online content and experiences to you;
- To send you product updates or warranty information;
- To administer your account;
- To advertise our products to you;
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Where you have asked us to do so, or consented to us doing so;
- Where we need to do so in order to perform a contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
- CATEGORIES OF THIRD PARTIES WITH WHOM WE SHARE PERSONAL INFORMATION
We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties except as set forth herein.
We may disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer, assist us in advertising and marketing our products to you, and to create, operate, and maintain our Website. For example, we may share your Personal Information with other companies or individuals in order to:
- Manage a database of customer information;
- Host our Website;
- Distribute our marketing and other emails;
- Provide payment processing;
- Advertise our products to you;
- Assist us with direct marketing and data collection;
- Provide data storage;
- Provide data analysis;
- Provide fraud prevention;
- Provide order fulfillment and/or delivery services;
- Provide return services; and
- Provide other services designed to assist us in developing and running our Website and maximizing our business potential.
If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information will likely be shared as part of the negotiation of the transaction pursuant to an adequate confidentiality agreement and will likely be among the assets transferred in the event of a sale or partial sale of our assets.
We may also disclose or share your Personal Information with other companies or individuals when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website or the public.
- DE-IDENTIFIED, ANONYMIZED, OR AGGREGATE DATA
We may use Personal Information to generate and use de-identified, anonymized, or aggregate data for various purposes (“De-Identified Data”). De-Identified Data cannot reasonably be used to identify you. We will maintain and use De-Identified Data only in de-identified, anonymous, or aggregate form and will not attempt to re-identify such data, except as permitted by applicable law.
- TARGETED ADVERTISING AND REMARKETING
You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our Website and on third-party websites and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- OTHER WEBSITES
Our Website may contain links or references to websites operated by third parties, or you may have come to our Website using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.
If you use a third-party website or application to access our Website or your account on our Website, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which they collect, store, or process data.
- YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT
There are ways by which you can control how your Personal Information is used.
- Tracking. You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.
- Promotional Offers. If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Website, our business, and/or third parties.
iii. Advertising. If you do not want us to use Personal Information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising by clicking here.
You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTE’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
If you opt-out of receiving advertising or when using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. If you use any of the third-party opt-out tools listed above, we do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
- Analytics. Our Website uses Google Analytics, a web analysis service of Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, www.google.com (“Google Analytics” or “Google”). Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there.
In using Google Analytics our website employs the extension “anonymizeIp”. In doing so, Google abbreviates and thereby anonymizes your IP address. Google uses this information to analyze your use of our Site, to compile reports for us on internet activity and to provide other services relating to our Website. You may learn more about Google’s IP anonymization at the following link: https://support.google.com/analytics/answer/2763052?hl=en
Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our Website.
Google Analytics also offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage.
Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Website is used.
You can find additional information on how to install the browser add-on referenced above at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Our products and services also use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit https://support.google.com/analytics/answer/181881?hl=en or you may access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout.
- DISCLOSURE FOR LEGAL PURPOSES
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
- CHILDREN
We do not knowingly permit persons under 16 years of age to use the Website, and we do not knowingly collect, use or disclose Personal Information from anyone under 16 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 16, we will make reasonable efforts to delete such information from our records.
- CONFIDENTIAL INFORMATION
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
- NOTICE TO CALIFORNIA CONSUMERS
The following applies to you only if you are a California resident.
- Your Rights and Choices
The California Privacy Rights Act (“CPRA”) provides consumers who are California residents with specific rights regarding their Personal Information.
- Right to Access the Personal Information Collected, Disclosed, or Sold
As a California consumer, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of the sources for the Personal Information we collected about you.
- Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information.
- The categories of third parties to whom we disclose, sell, or share that Personal Information.
- The specific pieces of Personal information we collected about you.
- Right to Request Deletion of Personal Information
As a California consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our service providers or third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.
We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:
- Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
- Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.
- Comply with a legal obligation.
- Right to Correct Inaccurate Information
As a California consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
- Right to Limit use and Disclosure of Sensitive Personal Information
As a California consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:
- To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.
- To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes.
- For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.
- To perform services on behalf of us, or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
If you would like to limit the use and disclosure of your sensitive Personal Information, contact us at legal@erl.studio.
- Right to Opt-Out of the Sale or Sharing of Personal Information
As a California consumer, you have the right to direct that we not to sell or share (as those terms are defined in the CPRA) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please contact us at legal@erl.studio. If you would like to opt-out of the sharing of your Personal Information, please contact us at legal@erl.studio.
- Right to Non-Retaliation if You Exercise any of Your Rights
As a California consumer, you have the right not to be discriminated against for exercising any of your CPRA rights. Unless permitted by the CPRA, if you exercise any of your California rights, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
- How to Exercise Your Rights to Know and to Delete
To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by:
- Emailing us at legal@erl.studio
Only you or a person registered with the California Secretary of State that you authorize 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.
You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
- Response Timing and Format
\We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is usable and should allow you to transmit the information from one entity to another entity.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
- Information We Collect From California Consumers
We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:
- Publicly available information or lawfully obtained, truthful information that is a matter of public concern.
- Deidentified or aggregated consumer information
Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Category of Personal Information |
Examples |
Shared for a business purpose |
Shared for a commercial purpose |
Identifiers |
A real name, postal address, unique personal or online identifier, Internet Protocol (IP) address, email address, telephone number |
YES |
NO |
Personal Information described in the California Customer Records statute (Cal.Civ.Code §1798.80(e)) |
All of the Identifiers listed above, plus: Card number, debit card number, or any other financial information |
YES |
NO |
Commercial information |
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
YES |
NO |
Inferences drawn of other categories of Personal Information |
A profile created about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
YES |
NO |
Sensitive Personal Information |
Account Log-In Financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, Precise geolocation. |
YES |
NO |
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from information that you provide to us through our online forms, email, or other means.
- Indirectly from activity on our Sites. For example, from website usage details collected automatically.
- Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- To improve our Sites and present the contents to you.
- For testing, research, analysis and product/service development.
- As necessary or appropriate to protect the rights, property or safety of us, our Users, or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise set forth in the CPRA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
We may also use or disclose the Personal Information we collect for the following commercial purpose:
- To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
- Sharing Personal Information
We may disclose your Personal Information to a service provider or third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates.
- Our service providers
- Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you.
- Advertising and marketing companies who deliver our advertisements and promotions to you.
- Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” legal@erl.studio, when you set up an account with us, or as shown on the first page of our Sites.
We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.
- Additional Information
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: legal@erl.studio. and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
Please note the following:
- Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies;
- We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
- Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
- Users will be notified of any privacy policy changes on our Privacy Policy page;
- Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
- We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.
- Grievances and Complaints
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
- Notice to Residents of California Regarding Proposition 65
California’s Proposition 65 requires that businesses provide warnings to California residents about products that may contain chemicals that are known to cause cancer, birth defects, or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. Some of our products, including garments with zippers and buttons, handbags, footwear, wallets, fashion jewelry, and other accessories may contain traces of lead or other chemicals identified by Proposition 65. We provide the following warning to our California customers:
WARNING: Some products sold through our website may, from time to time, contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Proposition 65 chemical list. If you need additional information, please email us at: legal@erl.studio. We will respond as soon as possible and provide you with the information we possess about the materials within our products.
For more information on Proposition 65, please visit https://oehha.ca.gov/proposition-65.
- Contact for More Information
If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please contact us at legal@erl.studio.
- NOTICE TO COLORADO, CONNECTICUT, AND VIRGINIA CONSUMERS
- Your Rights and Choices
If you are a resident of Colorado, Connecticut or Virginia, the consumer privacy laws in those states provide you with the following rights with respect to your Personal Information.
- Right to Access the Personal Information Collected, Disclosed, or Sold
As a Colorado, Connecticut or Virginia consumer, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of the sources for the Personal Information we collected about you.
- Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information.
- The categories of third parties to whom we disclose, sell, or share that Personal Information.
- The specific pieces of Personal information we collected about you.
- Right to Request Deletion of Personal Information
As a Colorado, Connecticut or Virginia consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our service providers or third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.
We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:
- Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.
- Comply with a legal obligation.
- Right to Correct Inaccurate Information
As a Colorado, Connecticut or Virginia consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
- Right to Limit use and Disclosure of Sensitive Personal Information
As a Colorado, Connecticut or Virginia consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:
- To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.
- To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes.
- For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.
- To perform services on behalf of us, or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
If you would like to limit the use and disclosure of your sensitive Personal Information, contact us at legal@erl.studio.
- Right to Opt-Out of the Sale or Sharing of Personal Information
As a Colorado, Connecticut or Virginia consumer, you have the right to direct that we not to sell or share (as those terms are defined in the respective state consumer privacy regulations) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please contact us at legal@erl.studio. If you would like to opt-out of the sharing of your Personal Information, please contact us at legal@erl.studio.
- Right to Non-Retaliation if You Exercise any of Your Rights
As a Colorado, Connecticut or Virginia consumer, you have the right not to be discriminated against for exercising any of your Respective state consumer privacy rights. Unless permitted by Colorado, Connecticut or Virginia consumer privacy laws, if you exercise any of your Colorado, Connecticut or Virginia rights, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
- How to Exercise Your Rights to Know and to Delete
To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by:
- Emailing us at legal@erl.studio.
Only you or a person registered with the Colorado, Connecticut or Virginia Secretary of State that you authorize 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.
You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
- Response Timing and Format
\We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is usable and should allow you to transmit the information from one entity to another entity.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
- Information We Collect From Colorado, Connecticut or Virginia Consumers
We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:
- Publicly available information or lawfully obtained, truthful information that is a matter of public concern.
- Deidentified or aggregated consumer information
Within the last twelve (12) months, we have collected the following categories of Personal Information from Colorado, Connecticut or Virginia consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Category of Personal Information |
Examples |
Shared for a business purpose |
Shared for a commercial purpose |
Identifiers |
A real name, postal address, unique personal or online identifier, Internet Protocol (IP) address, email address, telephone number |
YES |
NO |
Personal Information |
All of the Identifiers listed above, plus: Card number, debit card number, or any other financial information |
YES |
NO |
Commercial information |
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
YES |
NO |
Inferences drawn of other categories of Personal Information |
A profile created about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
YES |
NO |
Sensitive Personal Information |
Account Log-In Financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, Precise geolocation. |
YES |
NO |
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from information that you provide to us through our online forms, email, or other means.
- Indirectly from activity on our Sites. For example, from website usage details collected automatically.
- Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- To improve our Sites and present the contents to you.
- For testing, research, analysis and product/service development.
- As necessary or appropriate to protect the rights, property or safety of us, our Users, or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise set forth in your state’s respective consumer privacy laws.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
We may also use or disclose the Personal Information we collect for the following commercial purpose:
- To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
- Sharing Personal Information
We may disclose your Personal Information to a service provider or third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates.
- Our service providers
- Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you.
- Advertising and marketing companies who deliver our advertisements and promotions to you.
- Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” legal@erl.studio, when you set up an account with us, or as shown on the first page of our Sites.
We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.
- Additional Information
Colorado, Connecticut or Virginia residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a Colorado, Connecticut or Virginia resident and would like a copy of this notice, please submit an email request to the following email address: legal@erl.studio and include the words “CONSUMER PRIVACY” in the subject line, and you must put the statement “Your Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
Please note the following:
- Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies;
- We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
- Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
- Users will be notified of any privacy policy changes on our Privacy Policy page;
- Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
- We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.
- NOTICE TO UNITED KINGDOM CONSUMERS
The following applies to you only if you are a resident of the United Kingdom.
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.
We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:
- Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes: billing address, delivery address, email address and telephone numbers.
- Financial Data includes: bank account and payment card details.
- Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
- Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes: information about how you use our Website, products and services.
- Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.
If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
- SPECIAL CATEGORY DATA
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.
- HOW IS YOUR PERSONAL DATA COLLECTED?
- Direct interactions. When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Order a product or service;
- Create an account on our Website;
- Subscribe to our service or publications;
- Request marketing to be sent to you;
- Enter a competition, promotion or survey;
- Participate in social media activities and engagements;
- Browse from page to page; or
- Give us feedback or contact us.
In these circumstances we may collect, store and use the personal data that you disclose to us.
- Automated technologies or interactions. As you interact with our Website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using technologies such as cookies and other similar technologies. Please see our Cookie Policy for further details.
- Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.
- Updating your information. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you want to update the information you have previously given to us, please contact us at legal@erl.studio.
- HOW WE USE YOUR PERSONAL INFORMATION
- Lawful basis for processing your information. We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you;
- 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; or
- Where we need to comply with a legal obligation.
- Purposes for which we will use your personal data. We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.
Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
To deliver the Website to you |
Identity; Technical; Usage |
Performance of a contract with you |
To register you as a new customer and to deliver goods and services to you |
Identity; Contact; Financial; Transaction |
Performance of a contract with you |
To manage our relationship with you which will include: |
Identity; Contact; Profile; Marketing and Communications |
Performance of a contract with you Necessary to comply with a legal obligation |
(i) Notifying you about changes to our Website, terms or privacy policy (ii) notifying you of any changes to the services provided on the Website |
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
|
To provide you with email alerts, event registrations and other notices concerning our goods or services |
Identity; Contact; Profile; Usage; Marketing and Communications |
Performance of a contract with you Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
Identity; Contact; Technical |
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 reorganization or group restructuring exercise) Necessary to comply with a legal obligation |
To deliver and improve relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
Identity; Contact; Profile; Usage; Marketing and Communications; 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 |
Technical; 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) |
To make suggestions and recommendations to you about goods or services that may be of interest to you |
Identity; Contact; Technical; Usage; Profile; Marketing and Communications |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
To test, research and conduct analysis, and product/ service development |
Identity; Usage; Profile; Marketing and Communications |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
- Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).
You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us and you have not opted out of receiving that marketing. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.
- Third-party links. Where we provide links to third-party websites, plug-ins and applications that are not affiliated with www.erl.store such sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and We do not control these third-party websites. We encourage you to consult the privacy policy of every website you visit.
- Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy for further details.
- Sharing your personal data . Depending on how and why you provide us with your personal data, we may share it in the following ways:
- We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
- With selected third parties to which we subcontract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
- With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above
- With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.
We may also disclose your personal data to third parties in the following events:
- If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
- In order to enforce or apply the terms of use or terms and conditions of sale of our products and services; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Service Providers (Data Processors). The following is a list of the types of service providers we use:
- Website Analytics Providers: Google Analytics, employing the extension “anonymizeip”
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We use Loop Returns to assist with customer returns. You can read more about how Loop Returns uses your Personal Information here: https://www.loopreturns.com/privacy-policy/
- Change of purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- INTERNATIONAL DATA TRANSFERS
Some of our service providers and third parties may be based outside of the UK, as a result their processing activities will involve a transfer of your data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. Such contractual clauses and/or additional safeguards shall be approved by the UK and EU regulators as compliant with the UK and EU GDPR regulations respectively.
By submitting your personal information, you agree to this transfer, storing or processing.
Please contact us at legal@erl.studio if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.
In some circumstances we will anonymize 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.
- YOUR LEGAL RIGHTS
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.
- Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.
- Right of rectification. You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.
- Right to restrict processing. You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).
- Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
- Right to withdraw consent. Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdraw your consent.
- Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we are relying on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process your information, which overrides your rights and freedoms.
- Right to object to automated decision making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.
- Right to portability. You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.
If you wish to exercise any of the rights set out above, please contact us at legal@erl.studio
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
- CONTACT DETAILS
We, ERL, are responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please contact us at:
Full name of legal entity: ERL Clothing LLC.
Address: 330 Indiana Avenue, Venice CA 90291, United States
Email address: legal@erl.studio
- NOTICE TO EUROPEAN ECONOMIC AREA CONSUMERS
The following applies to you only if you are a resident of the European Economic Area.
This policy explains the rights that you have as a data subject pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”). It is important that you read this Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
This policy supplements other notices and privacy policies and is not intended to override them.
By visiting or otherwise using the Website, you agree to its terms (including as amended from time to time) and this Privacy Policy. If, for any reason, you do not agree to the terms of this policy, please stop using this Website.
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.
We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:
- Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes: billing address, delivery address, email address and telephone numbers.
- Financial Data includes: bank account and payment card details.
- Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
- Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes: information about how you use our Website, products and services.
- Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
- SPECIAL CATEGORY DATA
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.
- HOW IS YOUR PERSONAL DATA COLLECTED?
- Direct interactions. When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Order a product or service;
- Create an account on our Website;
- Subscribe to our service or publications;
- Request marketing to be sent to you;
- Enter a competition, promotion or survey;
- Participate in social media activities and engagements;
- Browse from page to page; or
- Give us feedback or contact us.
In these circumstances we may collect, store and use the personal data that you disclose to us.
- Automated technologies or interactions . As you interact with our Website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using technologies such as cookies and other similar technologies. Please see our cookie policy for further details.
iii. Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.
- Updating your information. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you want to update the information you have previously given to us, please contact us at legal@erl.studio.
- HOW WE USE YOUR PERSONAL DATA
- Lawful basis for processing your information. We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
-
- Where we need to perform the contract, we are about to enter into or have entered into with you;
- 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; or
- Where we need to comply with a legal obligation.
- Purposes for which we will use your personal data. We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.
Purpose / Activity |
Type of Data |
Lawful basis for processing including basis of legitimate interest |
To deliver the Website to you |
Identity; Technical; Usage |
Performance of a contract with you |
To register you as a new customer and to deliver goods and services to you |
Identity; Contact; Financial; Transaction |
Performance of a contract with you |
To manage our relationship with you which will include: |
Identity; Contact; Profile; Marketing and Communications |
Performance of a contract with you |
To provide you with email alerts, event registrations and other notices concerning our goods and services |
Identity; Contact; Profile; Usage; Marketing and Communications |
Performance of a contract with you Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
Identity; Contact; Technical |
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 reorganization or group restructuring exercise) |
To deliver and improve relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
Identity; Contact; Profile; Usage; Marketing and Communications; 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 |
Technical; 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) |
To make suggestions and recommendations to you about goods or services that may be of interest to you |
Identity; Contact; Technical; Usage; Profile; Marketing and Communications |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
To test, research and conduct analysis, and product/service development |
Identity; Usage; Profile; Marketing and Communications |
- Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.
- Third-party links. Where we provide links to third-party websites, plug-ins and applications that are not affiliated with www.erl.store such sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and We do not control these third-party websites. We encourage you to consult the privacy policy of every website you visit.
- Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy for further details.
- Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:
-
- We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
- With selected third parties to which we subcontract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
- With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above;
- With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.
We may also disclose your personal data to third parties in the following events:
-
- If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
- In order to enforce or apply the terms of use or terms and conditions of sale of our products and services; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Service Providers (Data Processors). The following is a list of the types of service providers we use:
-
- Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We use Loop Returns to assist with customer returns. You can read more about how Loop Returns uses your Personal Information here: https://www.loopreturns.com/privacy-policy/
- Change of Purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- INTERNATIONAL DATA TRANSFERS
Some of our service providers and third parties may be based outside of the European Economic Area (“EEA"), as a result their processing activities will involve a transfer of your data outside the European Union.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented, this is likely to include:
- Transferring your personal data only to countries that have been deemed by the European Commission to provide an adequate level of protection for personal data which is equivalent to that provided by the GDPR.
- Where we use certain service providers, we may use specific contracts approved for use by the European Commission and the European Data Protection Board which ensure that personal data is given the same level of protection by the recipient as that data would receive were it processed in the European Union. Such contractual clauses and/or additional safeguards shall be approved by the EU regulators as compliant with the GDPR regulations.
By submitting your personal information, you agree to this transfer, storing or processing.
Please contact us at legal@erl.studio if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.
In some circumstances we will anonymize 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.
- YOUR LEGAL RIGHTS
You have the right to make a complaint at any time to a supervisory authority, in particular to the supervisory authority which regulates the Member State of your habitual residence, your place of work, or the Member State in which the alleged infringement of your rights took place if you consider that the processing of personal data relating to you has infringed the terms of the GDPR.
We would, however, appreciate the opportunity to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.
As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.
- Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.
- Right of rectification. You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.
iii. Right to restrict processing. You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).
- Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
- Right to withdraw consent. Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdrew your consent.
- Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we rely on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process your information, which overrides your rights and freedoms.
vii. Right to object to automated decision making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.
viii. Right to portability. You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.
If you wish to exercise any of the rights set out above, please legal@erl.studio
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
- CONTACT DETAILS
If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please contact us at:
Full name of legal entity: ERL Clothing LLC.
Address: 330 Indiana Avenue, Venice CA 90291, United States
Email address: legal@erl.studio
- ASSIGNMENT
We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.
- CONTACT
If you have any questions about your privacy or security at the Website, or wish to update your Personal Information, please send an email to legal@erl.studio.
COOKIE POLICY
Last updated December 7, 2023
INFORMATION ABOUT OUR USE OF COOKIES
- A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device's hard drive.
- Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
- We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Please note that the following third parties (including for example, advertising networks and providers of external services like web traffic analysis services such as Facebook, Google, Loop Return, Shopify, etc) may also use cookies, over which we have no control. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies.
- To deactivate the use of third party advertising cookies, you may visit the consumer page to manage the use of these types of cookies:
Cookie Settings
- You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Alternatively, you can visit www.allaboutcookies.org which provides general information about cookies and how you can manage cookies on your computer. Please note that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.
ACCESSIBILITY
ERL is committed to ensuring that individuals with disabilities can access all of the goods, services, facilities, privileges, advantages, and accommodations offered by ERL Clothing LLC. through the website www.erl.store and its mobile version. Please be aware that our efforts are ongoing as our current website provider implements the relevant improvements to meet WCAG 2.1 AA guidelines over time.