Privacy Policy

Updated February 26, 2020.

Frank & Eileen LLC (“Frank & Eileen”) respects the sensitive nature of any personal information you provide to us.  We have created this Privacy Policy in order to demonstrate our commitment to the privacy of those who visit our website www.frankandeileen.com  (the “Site”).  This Privacy Policy describes our online information collection, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and our e-commerce providers.  By accessing and using the Site, you consent to the collection, use and disclosure of information through the Site as described in this Privacy Policy. 

Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.

California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.

 

We reserve the right to change this Privacy Policy at any time.  In the event we make changes to this Privacy Policy, such policy will be re-posted in the “Privacy” section of our Site with the date such modifications were made indicated on the top of the page or we may contact you to inform you about the revisions with a link to the revised Privacy Policy.  All changes are effective on the date listed at the top of this page and will apply to all information that we have about you.  Your continued use of the Site or the services that we provide (“Services”), including the purchase of our products (“Products”) after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your personal data.  If at any point you do not agree to any portion of this Privacy Policy, then in effect you should immediately stop using the Site and the Services.  Because this Privacy Policy contains legal obligations, we encourage you to review this Privacy Policy carefully.  If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at customercare@frankandeileen.com or mail us at Frank & Eileen, Privacy Compliance, 843 S. Los Angeles Street, Suite 500, Los Angeles, California 90014.

Shopify

The store on our Site is hosted by Shopify, Inc.  Shopify provides us with the online e-commerce platform that allows us to provide Services to you, including the purchase of our Products.  Your data is stored through Shopify’s data store, databases and the general Shopify application.  Shopify stores your data on a secure server behind a firewall. 

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.  For further information, please consult Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Privacy Policy (https://www.shopify.com/legal/privacy).

Please see below under the section pertaining to the Rights of EEA Residents for additional processing services provided to our international customers by Zonos.

Personal Information That We Collect and How We Use It

Frank & Eileen collects personal data about you when you visit the Site.  “Personal Information” is information that may be used to directly or indirectly identify you, including your name, email address, physical address, phone number or other information about you.  The majority of such Personal Information is collected when you register with the Site, use our Services, including purchasing Products, subscribe to updates, sign up for our mailing list or otherwise provide us with your contact information.  Some of this Personal Information will be required if you wish to partake in the Services that we provide, including making purchases of Products through the Site.  

In general, the type of Personal Information we collect includes, but is not limited to:

  • Personal Information to contact you to promote our Services or to alert you to special offers, features or matters of interest;
  • Personal Information necessary to use the Services that you have requested, including establishing an account and purchasing Products;
  • Un-identifiable and aggregated Personal Information pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience

We and our e-commerce providers use that data to: (i) enable you to log in to the Site; (ii) fulfill your orders; (iii) guard against potential fraud; (iv) contact you if there is a problem with your account or order; (v) provide answers to your inquiries or questions; and (v) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding Frank & Eileen and our Services and Products.

Social Networks

If you choose to connect to our Site through a third-party social network such as Facebook, Twitter, Instagram and other networks (each, a “Social Network”), we may collect Personal Information from your profile on such Social Network, such as your name, user name, and email address.  In addition, our Site offers features that will allow you to share information from our Site to a Social Network or share information from our Social Network sites.  If you decide to use such features, they may allow the sharing and collection of information both to and from such Social Network so you should check the privacy policy of each Social Network before using such features.

Non-Identifiable Data and Aggregated Personal Information

Regardless of whether you register for an account or submit information to us, Frank & Eileen and third parties performing e-commerce services for us may send one or more "cookies" to your computer.  Cookies are small text files placed on your web browser when you visit our Site that store information on your computer, such as your Site preferences.  We use cookies when you sign in to keep track of your personal session.  We also use cookies to track your activity on the Site as a unique person.  For security purposes, all of this information is stored in encrypted form.  This data may be used to display information about our Services and Products on websites operated by third parties.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether.  Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times.  

Frank & Eileen or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Site.  Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site.  This data may be collected using cookies, web beacons, page tags or similar tools.  As with cookies, the web surfing information is anonymous, "click stream" transactional data that is not associated with any users as individuals.

Web surfing data and similar information may be aggregated for administrative purposes.  Frank & Eileen may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities.  We also use it to help optimize the Site based on the needs of our users.

How and When Your Information Is Shared With Other Parties

Frank & Eileen does not sell, trade or license Personal Information about its users for marketing purposes.  We do, however, work with a number of trusted partners who perform vital functions as part of our operations, including processing payments for orders and fulfilling orders.  We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing information or services to you. 

Additional Sharing of Information

We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business.  Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services.  Our partners are legally required to keep your Personal Information private and secure.

We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of Frank & Eileen, its users, issuers, or others.

We may share your Personal Information in connection with a corporate reorganization or transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Notwithstanding any of the above, we will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018 and the California Consumer Protection Act (“CCPA”).

Rights of EEA Residents

 

This section of this Privacy Policy is applicable to residents of the European Economic Area (“EEA”).  The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, and Iceland, Liechtenstein, and Norway.  This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom.  Residents of the EEA and Switzerland are referred to here as “EEA Residents.”

 

From May 25, 2018, all processing of Personal Information of EEA Residents is performed by Frank & Eileen in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).

 

Under the GDPR, Frank & Eileen is both the controller and a co-processor of the Personal Information of EEA Residents.  Frank & Eileen’s purpose for collecting and processing Personal Information from EEA Residents is to authenticate subscription to our mailing lists and to provide marketing information about our Services, including our Products. The legal basis for collecting Personal Information for subscribing to our email lists is your consent, including during the checkout process.  You may withdraw consent for obtaining such communications by following the “Unsubscribe” instructions on any communication or by contacting us at customercare@frankandeileen.com.

 

Frank & Eileen also collects and processes your Personal Information during the check-out process when you order Products.  Frank & Eileen’s purpose for collecting and processing Personal Information from EEA Residents during the check-out process is to fulfill your request for Services, including purchases of our Products.  The collection of this data is necessary to fulfill a contract between you and us for such Services, including purchases of Products.  If EEA Residents do not provide Personal Information to Frank & Eileen during the check-out process, then we cannot fulfill your orders for Products. 

 

We use Zonos to provide services for checkout and payment collection for international customers, including EEA Residents.  Zonos’ privacy policy is located at https://docs.zonos.com/docs/privacy-policy-20180516.

 

We use Shopify for processing orders for our Products, including for EEA Residents.  Shopify’s privacy policy is located at https://www.shopify.com/legal/privacy.

 

EEA Residents may obtain information about the Personal Information that Frank & Eileen holds about them by contacting Frank & Eileen at customercare@frankandeileen.com.

 

International Data Transfers

 

If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States.  Under the GDPR, Frank & Eileen is considered a “controller” and a “co-processor” of the Personal Information of EEA Residents.  By providing Personal Information to Frank & Eileen for the purpose of obtaining Services and ordering Products, you consent to the processing of such data in the United States.  The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and Frank & Eileen for obtaining Services and Products. 

 

Our e-commerce providers Shopify and Zonos transfer data outside of the EEA upon the basis of the EU-U.S. Privacy Shield, as described in their privacy policies located at https://www.shopify.com/legal/privacy and https://docs.zonos.com/docs/privacy-policy-20180516.

 

Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

Notifications and Communications from Our Site

Communications Regarding Our Services

We will send you email notifications and free newsletters from time to time with offers, suggestions and other information.  Some notifications are communications relating to us and our Services.  You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email. 

Legal or Security Communications

We also send out notices that are required for legal or security purposes.  For example, certain notifications are sent for your own protection.  In other cases, these notifications involve changes to various legal agreements, such as this Privacy Policy or the Terms of Use.  Generally, you may not opt out of such emails.

Account and Order Communications

If you purchase Products, we may send you communications regarding such purchases.  We may also send communications providing customer support or responses to questions regarding the operation of the Services.  Generally, you may not opt out of such emails.

Deleting Your Information

If you want us to delete your Personal Information and your account, please contact us at customercare@frankandeileen.com with your request.  We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Personal Information Retention

 

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

 

Links to Other Sites

If you follow any links that direct you away from the Site, including links to social media sites or to sites for payment options, among others, this Privacy Policy will not apply to your activity on the other sites you visit. We do not control the privacy policies or the privacy practices of any third parties. 

Privacy in Submitted Materials

If you submit any photos to us, including through a social media platform, such as Instagram, such photos may be displayed on the Site, including photos of yourself or other individuals.  By submitting such materials, you forego any privacy rights in such materials.  Please consult the Terms of Use for other conditions relating to submission of materials to Frank & Eileen through social media sites.

Security Policy

We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized disclosure or loss.  However, no data transmission over the Internet can be guaranteed to be 100% secure.  Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Site.  You engage in such transmissions at your own risk.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at customercare@frankandeileen.com.

Children Under 13

The Site is restricted to the use of adults over the age of majority in their place of residence.  No portion of the Site is directed to children under the age of 13.  Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13.  If we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible.  If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at customercare@frankandeileen.com.

Your California Privacy Rights

 

The following section pertains to the rights of individuals or households in California (“California consumers”). 

  • Civil Code Section 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

  • Rights under the CCPA

After January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) will provide California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.

Under the CCPA, qualifying California consumers may have the following rights:

Right to Know and Right to Delete

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.

When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.

Right for Disclosure of Personal Information

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

Submitting Requests

If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows:

Frank & Eileen, Privacy Compliance, 843 S. Los Angeles Street, Suite 201,

Los Angeles, California 90024

customercare@frankandeileen.com

Verifying Requests

If we receive any request, we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

  • California Do Not Track Disclosures

Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.

Your Rights and Obligations 

We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided to us by contacting us at customercare@frankandeileen.comYou represent and warrant that all Personal Information you provide to us is true and correct and relates to you and not to any other person. 

If you are a resident of the EEA and wish to access or correct the Personal Information that Frank & Eileen has about you or have any questions relating to the processing of your Personal Information, please contact us at customercare@frankandeileen.com with the subject line “GDPR Data.” 

If you use the Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.