Privacy Policy

This Privacy Notice was last updated on April 10, 2023.

This Privacy Notice describes the personal information Rachel Comey Studio (“Rachel Comey”, “we”, “our”, or “us”) collects when you interact with us through our website or you visit one of our stores (collectively, the “Services”), how we use this information, with whom we share it, and the choices you have in connection with this.

The entity responsible for the collection and use (processing) of your personal information is Rachel Comey Studio. You can contact Rachel Comey Studio by telephone at 800-416-1265, by email at online@rachelcomey.com or mail at 636 Broadway, Suite 320, New York, New York, 10012. Rachel Comey Studio is a controller under the UK General Data Protection Regulation and/or EU General Data Protection Regulation (collectively, “GDPR” or “EU data protection law”).

The Services are controlled and operated by us from the United States of America (“U.S.”). In accordance with U.S. laws, in certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in other countries may be entitled to access your personal data.

Information Collection and Use

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you engage with our Services and includes data protection as such term is defined under EU or UK data protection laws. Specifically, we collect personal information directly from you, automatically as you engage with our websites or mobile applications, and from third-party sources as described below.

A. Information Collected Directly From You

We collect personal information directly from you when you:  

• • • Make a purchase. If you make a purchase on our website, we will collect from you your identifiers (name, email address, address) and your payment information (debit card or credit card). We use this information to process your order, process your payment, facilitate shipment of your order, communicate with you regarding your order. To the extent EU or UK data protection law applies, the legal basis for this is the performance of our contract with you. If you do not provide us with this information, we cannot provide you with our Services. We share this information with our third party payment processor and our fulfillment/shipping provider. If you have an existing Affirm or AfterPay account, you can use those accounts to make a purchase. Note, if you choose to use Affirm of AfterPay, you will be redirected from our Website and be subject to Affirm or AfterPay’s terms and conditions and privacy practices.
      
      As you engage with our Website, we use tracking technology to automatically collect the items you have viewed or put in your shopping cart but haven’t purchased. We will send you reminder emails of those items, if you have provided us your identifiers (email address) by subscribing to our newsletter or creating an account. We share this information with our marketing service provider. You can unsubscribe to these emails at any time by clicking the UNSUBSCRIBE button at the bottom of the email. Please note that we will continue to send you notifications necessary to the Services or requested products or services. To the extent EU data protection law applies, the legal basis for this is your consent.

• • • Create an Account. When you create an account to use our Services, we will collect from you your identifiers (name, email address, date of birth, and physical address), your account login information (username and we store your password in a hashed form), your order history (previous purchases, wish-returns, lists, or saved items). We use information to create and manage your account, update you on your order, send you marketing communications and promotions, and to communicate with you regarding our Services. To the extent EU data protection law applies, the legal basis for this is the performance of our contract with you, if we do not process this information we cannot maintain your account.

• • • Visit one of our stores. If you visit one of our stores, we will automatically collect your sensory information (video recording through our CCTV footage). We use this information to maintain the security of our stores and employees. If you purchase an item, we will collect from you your identifiers (name and email address) and your payment information (debit card or credit card). We use this information to process your payment and if you wish to subscribe to marketing emails. We share this information with our third-party marketing vendor and our third-party payment processor.

• • • Subscribe to marketing emails or newsletter. If you subscribe to our marketing emails, we will collect from you, your identifiers (email address and date of birth) to fulfill your request to receive information we feel may be of interest to you and to send you promotional discounts for your birthday [confirm]. Our communications contain tracking technologies, provided by our marketing service provider, to gain insight into behavior of recipients. With the help of these technologies, we can analyze whether a predefined action took place by a recipient, such as opening our communications, in order to better adapt and distribute our communications. When you opt-in to our marketing communications, you are opting into the use of these technologies. You can unsubscribe to these emails at any time by clicking the UNSUBSCRIBE button at the bottom of the email. Please note that we will continue to send you notifications necessary to the Services or requested products or services. To the extent EU data protection law applies, the legal basis for this is your consent.

• • • Apply for employment with us. When you apply for employment with Rachel Comey, we will collect your identifiers (name and email address) and your professional or employment information (resume, cover letter, employment history, educational history). We use this personal information to assess and manage your application with us, to communicate with you, and as necessary to comply with the law. For more information, please see our Applicant Notice. Please note, we currently only accepting applications from individuals who reside in the United States.

• • • Contact us. When you contact us through either our live-chat feature, email, or our customer service line, we may collect from you your identifiers (name, email address, address), your account information (order number), your purchase information (items in your order), and your financial information (credit card or debit card). We use this information to respond to your inquiries, process returns or refunds, and communicate with you. We share this information with our customer service provider who operates our live-chat feature and customer service line. To the extent EU data protection law applies, the legal basis for this is performance of a contract with you. If you do not provide us with this information, we will not be able to communicate with you.

• • • Interact with us on social media. When you interact with us through social networking websites, like Instagram, Facebook, or Twitter (each or collectively “Fan Page(s)”) we collect basic engagement metrics (likes, reposting, or sharing on your feed) and use it to tailor content and marketing and use it to improve user experience as set forth in each section. Engagement metrics are collected at a campaign or audience level and do not identify or relate to a specific individual or account. Please note that when you post personal information to our social networking websites, it will be viewable by other users of these websites, and we cannot prevent further use of the personal information by third parties. For more information, please see . Facebook’s Privacy Policy, Twitter’s Privacy Policy, and Instagram’s Privacy Policy.
      
      Facebook, Twitter, and Instagram (the “Social Networks”) process personal information in the USA where the laws may be less protective than in your country of residence. For example, in accordance with U.S. laws, in certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in other countries may be entitled to access your personal data.

• • • • • Fan Pages. When interacting with our Fan Pages, we collect, from you, your personal identifiers (first and last name) and visual information (photograph (i.e. profile picture)), as well as any information that you provide when interacting with our Fan Pages (e.g., commenting, sharing, and rating). We use this information to advertise our products, for events and invitations, and to communicate with users via the contribution and comment function.
          
          To the extent the EU or UK data protection laws apply, the legal basis for the processing is our legitimate interest in advertising our products via our Fan Pages and communicating with users, customers, and interested parties.
          
          Because our Fan Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments or liking or sharing posts, any personal information that you post in them or provide when registering can be viewed by others or used by them as they see fit.

• • • • • Facebook Page Insights. When you visit our Facebook Fan Page, Facebook records your IP address and other information about your usage behavior on our Facebook Fan Page. Facebook collects, through trackers in the browser of your device or via the advertising ID (IDFA from Apple or GAID from Google), when you open the Facebook app through your mobile device (e.g. smartphone or tablet). Facebook uses this information to provide us with statistical evaluations of the use of our Facebook Fan Page. We receive this information directly from Facebook, in the form of aggregated data and anonymous statistics regarding certain data points, such as: age; gender; city/country; device; inquiries from fans about other Facebook fan pages; region and language settings of the users; proportion of men and women; the number of people reached; clicks on posts, "Likes” and reactions; comments and shared content; and total video views. We use this information to analyze and improve the advertising campaigns we conduct through our Facebook Fan Page. We do not collect or process any other personal information in connection with Facebook’s “Page Insights” function.
          
          For the purpose of the EU and UK data protection laws apply, we are joint controllers with Facebook for this processing. To the extent the EU or UK data protection laws apply, the legal basis for this processing is our legitimate interest in statistical evaluation of users on our Facebook Fan Page for the improvement and adjustment of our advertising measures based on the information collected. If you object to this processing of your personal information and believe you have an overriding interest, you can submit your objection via email to online@rachelcomey.com
          
          We do not retain this information independently. For information on data protection and the storage period on Facebook in relation to its "Page Insights" function, see here and Facebook’s Privacy Policy. It has been contractually agreed with Facebook that Facebook is responsible for providing you with information about the processing for Page Insights.

• • • • • Information Processed Solely by Facebook. We do not know how Facebook uses personal information for its own purposes, how long the personal information is stored on Facebook or whether Facebook data is passed on to third parties.
          
          If you are currently logged in to Facebook as a user, Facebook automatically collects, through trackers on your device, your Facebook ID or a link between the Facebook ID and the advertising ID (IDFA from Apple or GAID from Google) when you open the Facebook app through your mobile device (e.g. smartphone or tablet). This enables Facebook to understand that you have visited our Facebook Fan Page along with other Facebook pages that you have clicked on, whether you clicked on Facebook buttons integrated into websites that partner with Facebook, and other online interactions that report user data to Facebook. Based on this data, content or advertising tailored to you can be offered.

• • • For benchmarking. Rachel Comey may deidentify or aggregate your personal information for benchmarking purposes. To the extent EU/UK data protection law applies, the legal basis for this processing is our legitimate interest in the improvement of our business and Services. Once information is deidentified or aggregated, Rachel Comey may share this information with third parties or use it for marketing purposes.

Rachel Comey may also use the personal information collected for the above purposes to comply with the law and for other limited circumstances as described in How We Share Your Personal Information.

Rachel Comey shares the personal information identified in this Privacy Notice in the following instances:

• Within Rachel Comey. Where necessary, we share your personal information within Rachel Comey for legitimate business purposes in order to efficiently carry out our business and to the extent permitted by law. To the extent EU data protection law applies, the legal basis for this is our legitimate interest in carrying out our business operations efficiently.

• With service providers. We share your personal information with our service providers that assist us in providing the Services, such as our e-commerce provider, payment processor, IT support, marketing provider, communications provider, cloud and hosting provider, email provider, and shipping and fulfillment provider.

• With Advertising Providers. For advertising purposes, we may share your personal identifiers (hashed email address), commercial information (price point of items purchased) and demographic information (e.g., gender, age) about you to generate a “lookalike audience” of prospective consumers of our Services through the Facebook, Google or other advertising platforms. This allows us to target advertisements on their network to potential consumers who appear to have shared interests or similar demographics to our existing consumers. If you are a California resident and wish to opt out, please follow the instructions in the RIGHTS OF CALIFORNIA RESIDENTS section.

• With Third Parties. We may need to disclose your personal information to third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies in order to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, for risk management purposes, and to comply with our legal obligations.

• In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our organization, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our assets, we would share your personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share your personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings. To the extent EU data protection law applies, the legal basis for this is our legitimate interest in carrying out our business operations.

• For legal purposes. We will share your personal information where we are legally required to do so, such as in response to tax obligations, court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of use or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law. To the extent EU data protection law applies, the legal basis for this is compliance with legal obligations.

With your consent. Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.

For a Business Purpose. In the preceding twelve (12) months, Rachel Comey has disclosed the following categories of personal information for a business purpose to the following categories of third parties:  

We have disclosed your personal identifiers, internet and other network activity information, financial information and customer records information to service providers that perform services on our behalf. These providers include our e-commerce provider, payment processor, IT support, marketing provider, communications provider, cloud and hosting provider, email provider, and shipping and fulfillment provider. Below are providers:

• Marketing service provider: Klayvio

• Customer service provider: Klarna 

• E-Commerce service provider: Shopify 

• Payment processor: Cayan 

• We have disclosed your internet or other electronic network information to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair website errors that impair functionality.

• We have disclosed your internet or other electronic network information and location information to our IT support and data analytics provider to maintain, improve, and upgrade Rachel Comey Services.

For a Sale or Sharing.  

• Rachel Comey uses certain analytics and advertising cookies on its website and mobile application. These cookies collect your internet and other electronic network activity and share it with the data analytics and advertising partners that provide them. This use of your personal information may be considered a sale under the California Consumer Privacy Act or sharing under the California Privacy Rights Act. If you are a California resident and wish to opt out of these cookies, please follow the instructions in the “YOUR RIGHTS AS A CALIFORNIA RESIDENT” section. To see a full list of the cookies we use, please read our Cookie Policy.

• Rachel Comey shares your personal identifiers and commercial information with advertising partners to engage in lookalike advertising. This use of your personal information may be considered a sale under the California Consumer Privacy Act or sharing under the California Privacy Rights Act. If you are a California resident and wish to opt out of these cookies, please follow the instructions in the “YOUR RIGHTS AS A CALIFORNIA RESIDENT” section.

• Rachel Comey shares your personal information, financial information, account information, and your internet and electronic information with our service providers. These providers include our e-commerce provider, payment processor, IT support, marketing provider, communications provider, cloud and hosting provider, email provider, and shipping and fulfillment provider. This use of your personal information may be considered a sale under the California Consumer Privacy Act or sharing under the California Privacy Rights Act. If you are a California resident and wish to opt out of these cookies, please follow the instructions in the “YOUR RIGHTS AS A CALIFORNIA RESIDENT” section.

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at online@rachelcomey.com. Please include “Opt-Out Request Under Nevada Law” in the subject line of your message.

Individuals in the European Union are entitled to certain rights under the General Data Protection Regulation (GDPR). If our processing of your personal information is subject to the GDPR, you may be entitled to the following rights:

• Right to access: You have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the personal information we process. Applicable exemptions may include the management information exemption (data that we process for management forecasting or management planning about a business or other activity), confidential references (references given or received about an individual), or certain instances of ongoing or prior negotiations with the requestor, among others.  

• Right to rectification: You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

• Right to erasure: You have the right to request erasure of your personal information that we are not obligated to keep in some cases (also known as the right to be forgotten). For example, you can request us to delete such personal data if: (i) we no longer need the data for the purpose it was collected for, (ii) we process the data based on your consent and you revoke your consent, (iii) you object to our processing based on legitimate interest (and we do not have an overriding legitimate interest), or (iv) you object to our processing the personal data for direct marketing purposes. We may not be able to immediately erase your personal information if we have a lawful reason or a legal or contractual obligation to retain the information or continue the processing.  

• Right to restrict processing: If you believe that your personal data is inaccurate, that our processing is unlawful, or that we do not need the information for a specific purpose, you have the right to request that we restrict the processing of such personal data. You also have the possibility to request that we stop processing your personal data while we assess your request. If you object to our processing (per your right to object below), you may also request us to restrict processing of that personal data while we make our assessment.

• Right to object to processing: You have the right to object to processing of your personal data which is based on our legitimate interest (Article 6(1)(f) UK GDPR), by referencing your personal circumstances. You also have the right to object to our use of your personal data for direct marketing purposes. When you object to our use of your data for direct marketing purposes (i.e. let us know that you no longer wish to receive direct marketing from us), we will stop sending you direct marketing correspondence.

• Right to data portability: This right only applies to personal information you have given us. You have the right to ask that we transfer the personal information you gave us from one organization to another or give it to you.

• Right to lodge a complaint: You have the right to lodge a complaint with the relevant Supervisory Authority. A list of Supervisory Authorities is available here.  

To exercise these rights, please contact us at online@rachelcomey.com

• Correct or view your personal information: You may access your Rachel Comey account profile to correct or view certain personal information of yours in our possession and which is associated with your profile.  

• Marketing emails: You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Services or any assistance you request.

• Marketing text messages: You may opt-out of receiving marketing text messages from us by responding “STOP” to any of our text messages.

• Push notifications: If you have enabled push notifications, you may disable these at any time by updating your device settings.

• Opt Out of Other Cookies: All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org/. Please note that each web browser is different. For information on reviewing or deleting cookies from specific browsers, click on the appropriate browser: Firefox, Firefox IOS, Firefox Android, Safari, Safari Mobile, Chrome, Internet Explorer, Microsoft Edge, Opera. To find information relating to other browsers, visit the browser developer’s Website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website and mobile application may not function properly. If you choose to opt out, we will place an "opt-out cookie" on your computer. The "opt-out cookie" is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences.

• Opt out of Interest Based Advertising: To opt out of internet based advertising generally or learn more about the use of this information, you can visit the Network Advertising Initiative (NAI) or the Digital Advertising Alliance (DAA). The DAA offers consumers a WebChoices tool to opt out of interest-based advertising and other applicable uses of Web-viewing data by DAA's participating companies. The NAI offers a similar opt-out service for NAI members. Visit NAI’s Consumer Opt Out web page to learn about NAI members who deliver tailored ads and opt-out of receiving them. When you opt-out an opt-out cookie will be placed on your device. The opt-out cookie is browser and device specific and will only last until cookies are cleared from your browser or device. You may also disable cookies and limit the collection and use of information through them by setting your browser to refuse cookies or indicate when a cookie is being sent. If you are a resident of the European Union (EU) or the European Economic Area (EEA), you can also visit the European Interactive Digital Advertising Alliance’s (EDAA) opt out web page to opt out of interest based advertising or learn more about your information choices.

We do not support Do Not Track (DNT). Do Not Track is a preference you can set to inform websites and applications that you do not want to be tracked.

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information we collect and maintain. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.

The Services are not intended for individuals under the age of sixteen (16). If we learn that we have collected or received personal information from a child under the age of sixteen (16), we will delete that information. If you believe we might have information from or about a child under the age of sixteen (16), please contact us at online@rachelcomey.com.

We may change this Privacy Notice from time to time. We will post the changes to this page and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you with a prominent post on our Services and obtain your consent, if required.

For any questions, comments, or complaints about our Privacy Policy or practices, please contact us at:
Rachel Comey Studio
636 Broadway, Suite 320,
New York, NY 10012
online@rachelcomey.com
800-416-1265