PRIVACY POLICY
Last updated: July 23, 2024
We understand that you care about how information about you is used and shared, and we appreciate your trust. This Privacy Policy explains how QAMI JAN LLC and www.qamijan.com (the “Website”) (collectively, “we,” “us” or “our”) collects, uses, and shares information about you when you use our websites and online services (“Services”), subscribe to our mailing lists, or otherwise interact with us.
Please read this Privacy Policy carefully and contact us if you have any questions. Our contact details can be found on our Contact page and in Section 5 below.
If you provide us with your personal information, then this indicates that you have had sufficient opportunity to access, and have read and accepted, this Privacy Policy. If you do not wish to provide personal information to us, then you do not have to do so, however, it may affect your use of this website or any products and services offered on it.
Please continue reading to understand what information we collect and how we use it.
1. Collection of Personal, Non-identifiable, and Aggregated Information
Personal Information: The types of personal information we collect will depend on the purposes(s) for which we are collecting it. For example, we may ask for:
- First and Last Name;
- Contact details including Email Address, Address, and Telephone Number;
- Date of Birth;
- Demographic Information such as Country and/or Postal Code;
- Credit Card Or Other Payment Details (If You Are Buying Product From Us);
- Your Preferences In Receiving Marketing and Communications from us;
- Any Other Information Requested on this Website or Otherwise Requested By Us Or Provided By You.
Non-identifiable information: This means data that has never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you visit our website, we automatically record non-identifiable information that your browser sends. This data may include:
- Your Computer's IP Address;
- Browser Type;
- Webpage you were visiting before you came to our Website;
- The Pages within https://qamijan.com/ you visit; and
- The Time Spent On Those Pages, Items, And Information Searched On Our Website, Access Times, Dates, And Other Statistics.
Non-identifiable information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.
We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we will use the combined data in accordance with this Privacy Policy.
We do not collect any Special Categories of Personal Data about you, such as details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health, or genetic and biometric information.
This website is not intended for children, and we do not knowingly collect data relating to children.
2. How We Collect Your Data
We may collect your information in several ways, including:
A) Directly from you, including, but not limited to, when you:
- Browse our Website;
- Save an Item or Adding it to your Cart;
- Registering on Our Website;
- Making a Purchase from Us;
- Contact us or give us feedback;
- Interact with us on social media;
- Interact with us directly, in person; or
- Subscribe to our newsletter or otherwise request that marketing material be sent to you.
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. If you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a transaction, such as the acquisition of an artwork.
Kindly note that if you fail to provide personal data when requested in circumstances in which we need to collect personal data by law, or under the terms of a contract we have with you, 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). We will notify you if this is the case.
B) From third parties such as our related entities, businesses, commercial partners, joint-ventures, or acquired companies or assets thereof.
3. How We Use or Process Your Personal Information
We will only use your personal data when the law allows us to and in order to provide the best possible services to you. Most commonly, we will use your personal data in the following circumstances:
- To respond to communications from you;
- To create and process transaction-related information, such as invoices, transaction records, tax invoices, or receipts;
- To communicate with you about our products, services, special offers, and events that may be of interest to you (you may unsubscribe or opt-out at any time by clicking the link in our email footers);
- To perform research and analysis;
- For market research and business development, including development of the Website;
- To deliver personalized content to you;
- For marketing including direct marketing;
- To send you promotional information about third parties that we think may be of interest to 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; and
- To comply with laws and regulations or to comply with any directions given by regulators or other authorities.
4. Disclosure of Personal Information to Third Parties
We may disclose your personal information to third parties to:
- Conduct market research and marketing strategy analysis.
- Assist us in providing products and services you have requested, such as to delivery-service providers;
- Service providers based in the United States that provide IT or system administration services;
- Professional advisers, including attorneys, bankers, auditors, and insurers, based in the United States, that provide consultancy, legal, banking, accounting, and/or insurance services;
- Credit reporting agencies and courts, tribunals, and regulatory authorities where customers fail to pay for goods or services provided by us to them;
- Courts, tribunals, regulatory authorities and law enforcement offices as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights, or demonstrate our compliance with our legal obligations relating to, for example, KYC and anti-money laundering; and
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
Where we disclose your personal information to third parties for these purposes, we will request that they follow this Privacy Policy when handling your personal information.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permitted by law, our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. If you wish that we delete such personal information, please contact us.
5. How to Access or Correct Your Personal Information
The Connecticut Data Privacy Act (“CT DPA”) provides residents of Connecticut with certain rights. Although QAMI JAN is not required to comply with the CT DPA because of the nature of our business (e.g., we do not control or process personal data of 100,000 or more consumers, nor do we engage in the sale of personal data), we have chosen voluntarily to abide by certain protections of the CT DPA’s and extend those rights to everyone who visits our Website. Under the CT DPA, you have the right to:
- The right to access personal information that a controller has collected about you.
- The right to correct inaccuracies in your personal information.
- The right to delete your personal data, including personal information that a controller collected through third parties.
- The right to obtain a copy of your personal information.
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The right to opt-out of sharing personal information, including:
- the sale of your personal information (sales as defined under applicable law);
- the processing of personal information for the purposes of targeted advertising; and
- profiling that may have a legal or other significant impact.
You may ask us in writing to provide you with details of the personal information we hold about you. We will endeavor to process your request as soon as possible.
6. Controller and Contact Details
QAMI JAN LLC is the controller and responsible for your personal data. If you have any questions about this Privacy Policy, our privacy practices, or would like to correct or delete your information, please contact us in the following ways:
QAMI JAN LLC
606 Post Road E STE 589
Westport, Connecticut USA 06880
info@qamijan.com
7. Changes to the Privacy Policy and Your Duty to Inform Us of Changes
We regularly review our Privacy Policy and update it, as needed.
This Privacy Policy may be amended, including with changes, additions, and deletions, from time to time, in our sole discretion. Your continued use of our Website following any amendments indicates that you accept the amendments. We recommend that you check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.
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.
8. Cookie Policy
We sometimes use “cookies” when you visit our website. It is a technology that enables us to personalize our Services to you and track the patterns of behavior of visitors to our Website.
By using our Website, you agree to our placing cookies on your device and accessing them when you visit the website in the future. You can modify the settings on your device to prevent cookie use. Please note that by disabling cookies, your user experience may be affected and you might not be able to take advantage of certain functions.
There are three main types of cookies – here’s how and why we use them:
- Analytics Cookies: These cookies allow us to measure and analyze how our customers use the website, to improve both its functionality and your browsing experience.
- Customer Preference Cookies: When you are browsing, these cookies will remember your preferences (such as your language or location), so we can make your experience as seamless as possible, and more personal to you.
- Targeting Or Advertising Cookies: These cookies are used to deliver marketing and advertising materials that are relevant to you.
9. Residents of the UK and EU Nations May Have Additional Rights:
Residents of the UK and the EU may have additional rights, by way of the UK Data Protection Act 2018 and the EU’s General Data Protection Regulation, although the law on whether U.S.-based companies must adhere to these protections continues to change (and sometimes flip-flops).
A) Bases on Which We Rely to Process Your Information
The type of lawful basis on which we rely to process your information is known as the “legitimate interest” basis. This means the interest of our business in conducting and managing our business to enable us to provide our services and give you the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities in which our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
We may also process your information while performing a contract (i.e., processing your data when it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract) and to comply with a legal obligation (i.e., this means processing your personal data when it is necessary for compliance with a legal obligation to which we are subject).
B) Your Legal Rights
You have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to correct any incomplete or inaccurate data we hold about you, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it.
- You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see next paragraph), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object when we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) If you want us to establish the data’s accuracy; (b) Where our use of the data is unlawful but you do not want us to erase it; (c) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; (d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us.
Again, you have a right to request a copy of your data (to review and update it), as well as the right to have your data deleted. You also have the right to withdraw your consent to mailings/notifications at any time, by clicking the link in our email footer, or by contacting us at info@qamijan.com
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). We may charge a reasonable fee, however, if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
D) Data Retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, 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.
In some circumstances, you can ask us to delete your data (see your legal rights at Section 9.B above, for further information).
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.
E) Data Security
We use Shopify's system for payment processing and for generating reports, including sales and revenue reports, and to help us calculate state taxes. We use QuickBooks online for accounting and for some invoicing, but the information imported into QuickBooks normally does not include the customer's name or other Personal Information. We use MailerLite for our newsletter. We expect that these companies 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. If we suspect or learn that a company does not have appropriate data security measures in place, we will not use their services or will discontinue use of their services.
On QAMI JAN's end, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know, and we require that consultants sign Confidential Information and Non-Disclosure Agreements before we share company information with them (again, we do not share customer information unless there is a business need to know). They will only process your personal data on our instructions and they are subject to a contractual duty of confidentiality. If we ever need to transfer customer-level personal information with our accountants, we will do so through our accountant's file-transfer protocol or other, secure method.
10. Change of Purpose
We will only use your personal data for the purposes for which it was collected, 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 receive 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 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.