General

Introduction

Data privacy is very important to Virgil James. We want to be open and transparent with our processing of your personal data, which may include your name, email address, phone number, and certain purchase transaction and website usage information (“Personal Data”). Our policy describing how your Personal Data is processed and protected is outlined below.

We respect your privacy. All Personal Data collected on our website is used solely to manage your experience as a customer. We never share or sell your Personal Data.

Financial information is used only to process order transactions. If you register with Virgil James, you can easily modify your saved information or remove it entirely by clicking on the Account icon at the top of any page.

We use temporary session cookies to manage your online experience. Please access your browser's security settings to manage these cookies.

Along with temporary session cookies, Virgil James may also use third-party tracking technology, such as Google Analytics, to record information regarding you and your activity on our website.

Who is the controller of your Personal Data?

Virgil James Inc., dba 214 Cedros Collections (“Virgil James” or “214 Cedros”) is a US company incorporated in the State of California. It is the controller of the Personal Data you submit online and responsible for your Personal Data under all applicable data protection laws.

Where do we store your Personal Data?

We store and process your Personal Data and transaction records on Google Cloud Platform servers. Virgil James will minimize the storage of your Personal Data to the extent that storage is required to serve the purpose(s) for which the Personal Data was processed, to resolve disputes, enforce our agreements, and as required or permitted by law.

What types of Personal Data are being collected?

The types of information we collect depend on whether you created a Virgil James account and whether you are logged in or not. We collect personal data when you voluntarily provide information to us, complete a transaction or, in case of usage data, we collect data automatically when you visit the Virgil James website.

Who has access to your Personal Data?

We never share, sell or swap your Personal Data for marketing purposes to third parties outside Virgil James. Personal Data that is shared with third parties, is only used to facilitate the services we provide to you (i.e., transaction processing or usage analytics).

What is the legal basis for processing your Personal Data?

For the processing of your Personal Data, we will inform you when the provision of Personal Data is statutory or required to complete an activity and the possible consequences if you choose not to do so.

What are your rights?

Right to access

You have the right to request information about the Personal Data we hold about you at any time. You can contact Virgil James about your saved Personal Data via e-mail at: privacy@virgiljames.com.

Right to portability

Whenever Virgil James processes your Personal Data by automated means based on your consent or based on your agreement with a third-party, you have the right to get a copy of your Personal Data in a structured, commonly used and machine-readable format transferred to you or to another party. This only includes the Personal Data you have submitted to us.

Right to update data

You have the right to update your Personal Data if is incorrect, including the right to have incomplete Personal Data completed. If you have a Virgil James account you can edit your Personal Data under your account page. Your right to access and update shall be limited only when the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated.

When access to your data may be denied

• denial of access is required or authorized by law
• granting access would have a negative impact on the privacy of others
• to protect our rights and properties
• when the request is frivolous

Right to deletion

You have the right to delete any Personal Data processed by Virgil James at any time except in the following situations.

• you have an ongoing matter with our customer service
• you have an open order which has not yet been shipped or partially shipped
• you have an unsettled amount owed to Virgil James, regardless of the payment method
• if you are suspected of misusing, or have misused, our services
• if you have made any purchase, we will keep your Personal Data in connection to your transaction for support and accounting compliance

Right to object to the 'legitimate interest' processing of Personal Data

You have the right to object to the use of your Personal Data under the concept of 'legitimate interest' by communicating your objection to: privacy@virgiljames.com. Unless Virgil James can demonstrate a legitimate basis for processing your Personal Data which overrides your interests and rights, or is due to legal claims, we will discontinue processing your Personal Data.

Right to object to direct marketing

You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes. You can 'opt-out' from direct marketing by the following means:

• following the 'opt-out' instructions in any marketing e-mail
• by editing the settings of your Virgil James account

Right to data restriction

You have the right to request that Virgil James restrict the processing of your Personal Data under the following circumstances:

• if you object to a processing based on legitimate interest, Virgil James shall restrict all processing of such Personal Data pending the verification of the legitimate interest
• if you have a claim that your Personal Data is incorrect, Virgil James must restrict all processing of such data pending the verification of the accuracy of the Personal Data
• if the processing is unlawful you can oppose the deletion of Personal Data and instead request a usage restriction of your Personal Data
• if Virgil James no longer needs your Personal Data but it is required for you to defend legal claims

How can you exercise your rights?

We have dedicated customer service personnel who handle privacy-related requests. You can reach them at:  privacy@virgiljames.com.

Data Protection Officer

Virgil James has a Data Protection Officer to ensure that we continuously process your Personal Data in an open, accurate and legal manner. You can contact our Data Protection Officer at: privacy@virgiljames.com.

Right to complain to a supervisory authority

If you believe Virgil James has incorrectly processed your Personal Data you may contact our Data Protection Officer at: privacy@virgiljames.com or submit a complaint to a supervisory authority that oversees our data usage activities.

Updates to our Privacy Notice

We may need to update our Privacy Notice from time to time. The latest version of the Privacy Notice is always available on our website. We will promptly communicate any material changes to the Privacy Notice.

Online Purchase

How do we process your Personal Data?

We use your Personal Data to manage your online purchase(s) at Virgil James by: a) processing your orders and returns via our online services; b) sending you notifications of delivery status of your items and c) sending you follow-up communications regarding your order. We also use your Personal Data to manage your payment for purchased items, and to handle complaints and warranty matters for these items.

Your Personal Data is also used to identify you and to validate your legal age for shopping online and to confirm your address with external partners (i.e., payment processing providers).

What types of Personal Data do we process?

We use the following types of personal data:

• contact information such as name, address, e-mail address and telephone number
• payment information such as first and last name and credit card number
• order information
• account  ID
• shopping history

Who has access to your Personal Data?

Personal Data forwarded to third parties is only used to facilitate the sale of our products and the services we provide. It is specifically shared with payment service providers companies that validate your address and process your payment.

Please be aware that many of these third-party have an independent right or obligation to process your Personal Data. We might share your information with third-party identity verification services in order to prevent fraud. This allows us to confirm your identity by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your Personal Data that can be used solely in connection with provision of identity verification and fraud prevention services.

Personal Data collected for the purposes of online purchase processing

Credit card data is collected to facilitate the use of credit cards for payment of a purchase. Credit cards providers require the collection of Personal Data to complete a purchase, including, but not limited to: name, address, account number, expiration date, and CID.

PayPal data is collected by PayPal directly to facilitate the use of this payment process. For a PayPal transaction, your Personal Data is provided directly to this third-party provider. We also use PayPal's payment gateway (“Payflow Payment Gateway”) to process credit card transactions.

Personal information including your name, shipping and billing address(es), email address, and phone number is collected to maintain a record of each transaction for the purpose of customer support and user reference during and after each transaction.

Where is the transaction processed?

All processing by Virgil James is completed on our Google Cloud Platform servers. Third-party service providers may perform all or part of their processing in locations outside the USA.

What is the legal basis for using your Personal Data?

The collection and processing of your Personal Data is necessary for Virgil James to complete a purchase transaction, deliver an order to you, and to manage your access to completed orders, or saved account information.

How long do we save your Personal Data?

We keep all sales data indefinitely. We will keep Personal Data associated with your Virgil James account as long as you maintain a customer login and profile, or until you delete it.

Direct Marketing

What types of Personal Data do we process?

If you create a user account or participate in a direct marketing campaign, we collect contact information including your name and email address and your responses to direct marketing prompts or offers. If you complete a purchase, we collect your name, email address, shipping and billing address(es), telephone number, and information about your payment method

How do we use your Personal Data?

If you agree to receive communications from us, we may use your Personal Data to send promotional offers, information surveys and invitations to you by email or postal service. In order to optimize your experience with Virgil James, we may also send you relevant product information, purchase options and reminders of items left in your shopping bag if you are a registered user.

Who has access to your Personal Data?

We never share, sell or swap your Personal Data for marketing purposes with third parties outside Virgil James. Personal Data that is forwarded to a third-party is only used to facilitate the services provided by us.

What is the legal basis for processing your Personal Data?

The collection and use of your Personal Data for the purpose of direct marketing occurs only when you consent to receive marketing communications from us.

You have the right to withdraw your consent

You have the right to withdraw your consent to use your Personal Data for direct marketing at any time. When you do so Virgil James won't be able to send you any further direct marketing communications that require your consent.

How do you withdraw your consent to receive our direct marketing communications?

• click on the link to opt-out, displayed at the bottom of every marketing email sent to you by Virgil James
• edit your Virgil James account settings

How long do we save your Personal Data?

We keep your Personal Data for direct marketing purposes until you withdraw your consent from receiving our direct marketing communications.

Virgil James Account

Why do we collect and use your Personal Data?

We use your Personal Data to create and manage a Virgil James account in order to give you a personalized and relevant experience with Virgil James. We provide you with your order history and details of each order as a user. We also enable you to manage your account settings (including marketing preferences) to maintain accurate and updated information such as contact details and shipping and billing information. Further, we enable you to save items in your shopping bag.

What types of Personal Data do we collect and use?

We save your e-mail address and a password that you submit when you sign up for a Virgil James account. We also save the following types of Personal Data if you choose to provide it to us:

• first and last name
• shipping address
• billing address
• telephone number

If you make a Virgil James purchase and have a Virgil James account, we also save for future access all of your purchase information including the last four numbers of any credit card used to complete a purchase.

Who has access to your Personal Data?

Only Virgil James has access to Personal Data saved in your Virgil James account.

What is the legal basis for processing your Personal Data?

The processing of your Personal Data saved in your Virgil James account is based on your consent when you create an account.

How long do we keep your Personal Data?

We keep your data for as long as you have an active Virgil James account. You have the right to terminate your account at any time. If you choose to do so, your account, and all of the associated Personal Data, will be deleted without any possibility of future retrieval.

You right to object to 'legitimate interest' processing of your personal data

You have the right to object to the use of your Personal Data under 'legitimate interest' by communicating your objection to: privacy@virgiljames.com. Unless Virgil James can demonstrate a legitimate basis for processing your Personal Data which overrides your interests and rights, or is due to legal claims, we will discontinue the use of your Personal Data.

Cookies

A cookie is a small text file that is saved to, and, during subsequent visits, retrieved from your computer or mobile device. If you use our website, we will assume that you agree to the use of such cookie.

How do we use cookies?

Virgil James automatically records certain information (“Non-Identifiable” or “Aggregated Data”) about your use or evaluation of our services. Similar to other technology platforms and services, Virgil James records information such as browsing activity, data submitted or clicked on (such as forms and links), and other information (such as browser type, date and time of access, cookie ID, and referrer URL) during visits to our website.

We use temporary session cookies to enhance the user experience by maintaining the continuity of a session. That is, we recognize that the same user is navigating through our website. Along with the use of temporary session cookies, Virgil James may also use third-party tracking technology, such as Google Analytics, to record and analyze similar information regarding you and your activity on our website.

What types of Personal Data do we process?

If you are logged into your Virgil James account, a cookie ID is connected to the Personal Data you submitted in relation to your Virgil James account.

Who has access to your Personal Data?

If you are logged into your Virgil James account, we use your Personal Data to optimize your website experience by displaying relevant pages and material. Personal Data that is forwarded to third parties is only used to facilitate the services we provide by collecting statistics to optimize our site and present you with relevant material

Personal Data collected for the purposes of the services of this section

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes user identification tools to track and examine the use of our web service (“Application”), to prepare reports on usage activity and behavior, and to share these reports with other Google services. Google may use the usage data collected to contextualize and personalize the ads of its own advertising network.

Cookie and usage activity data are collected for each visitor to our website. For users who have logged in, the cookie ID is associated with Personal Data submitted in relation to the user's Virgil James account.

Where is the transaction processed?

All processing by Virgil James is completed on Google Cloud Platform servers. Third-party service providers may perform all or part of their processing in locations outside the USA.

What is the legal basis for processing your personal data?

We only connect your cookies to your Personal Data if you are logged in to your Virgil James account. If you are logged in, the concept of 'legitimate interest' is the legal basis for processing your Personal Data.

How long do we save your cookies?

Cookies are automatically saved indefinitely on your device's browser unless you otherwise manage your browser settings. You can easily erase cookies from your computer or mobile device using your browser setting tools. For instructions on how to handle and delete cookies please review the settings of your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all of the features on our website.

December 2021