Privacy Policy

Your privacy is important, so we created this privacy policy to help you understand how we collect, store, use, or disclose your personal information. Unless stated otherwise, this Privacy Policy applies both offline (for example, if we interact with you in person, over the phone, or by mail) and when we interact with you through our online services, including but not limited to our websites, chatbot, email correspondence, and any other online services that we link to this Privacy Policy.

WHO ARE WE?

This web site and all pages thereof (collectively, the "Web Site" or "Site") is operated by The Mark Anthony Group of Companies, including its constituent entities and/or their respective affiliates, licensors, licensees, and/or agents (“Mark Anthony” or "we" or “We”). Unless stated otherwise, this Privacy Policy applies to all pages of the Web Site, and, unless otherwise stated thereon, to any other Mark Anthony websites that you access by or through the Site (collectively, the “Sites”).

We may have to change this Privacy Policy to reflect new regulations, new technologies or changes to how we collect, use or disclose your personal information. We reserve the right to change this Privacy Policy at any time at our sole discretion. The date of the most recent revisions will appear at the top of this page.

BY USING OUR ONLINE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND AGREED TO THE TERMS AND CONDITIONS FOR USE OF OUR WEB SITE AVAILABLE AT https://www.markanthony.com/terms-and-conditions/, AND ACCEPT AND CONSENT TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH YOU ACKNOWLEDGE ARE NECESSARY FOR MARK ANTHONY’S LEGITIMATE BUSINESS INTERESTS. If you do not agree with this Privacy Policy, please do not use or access the Web Site, and if you do not agree to any changes we make in the future, you must end your use of the Web Site and its available services. Any changes will become effective as soon as they are posted to our Web Site. If a Site has additional, separate privacy provisions in addition to the Privacy Policy ("Additional Privacy Provisions"), then use of that Site is subject to those Additional Privacy Provisions. If any terms of the Privacy Policy conflict with the Additional Privacy Provisions presented on any particular Mark Anthony Site, then the Additional Privacy Provisions shall control to the extent of the conflict.

What do you mean by personal information?

Personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household. We do not consider personal information to include information that has been de-identified so that it cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer. Your name, e-mail address, and IP address are all examples of data that may be personal information. “Cookies” may or may not be considered personal information, depending on the law applicable in your jurisdiction and the nature of the cookie. Please see our Cookie Policy below to review detailed information about our use of cookies and similar technology.

What personal information do you collect about me?

We collect and store personal information directly from you when you interact with us in person or via social media, or when you submit it to us online on our Sites, by phone, by email, or through our chatbots, or when you provide us with personal information through the Contact Us form on our Site. Categories of personal information that we collect about you when you interact with us online or offline may include the following:

• Identification data you share with us, including name, address, birthday and gender;
• Contact information you share with us, including e-mail address, phone number, and mailing address;
• Age data you share with us;
• If and where we make available account functionality on a Site, information you provide to create an account, including password and username, and membership data such as contact preferences;
• Information you provide when you speak to us over the phone, such as inquiries about product preferences or other personal information you choose to communicate to us;
• If you send us a query about our customer service by mail, email or the contact form, we may collect your name, contact details and details of the query, which we will use to respond to you;
• If and where we make available ordering functionality on a Site, or where you otherwise provide such data to us, financial data, such as credit card numbers, billing addresses, contact details of your accounting department, and other financial information that you share with us and that is required to allow you to acquire our products;
• If and where we make available ordering functionality on a Site, order information related to products you have purchased through our Site;
• Information you share with us in connection with surveys, contests, or sweepstakes and promotions (including text-to-win contests) (collectively, “contests and promotions”); and
• Information you submit to us directly via email or other communication methods including, but not limited to, general inquiries, media inquiries, and customer support.

We may also collect your personal information from other sources, such as:

• Our partners and affiliates, and through automatic collection through our Web Sites and emails;
• Internet activity and other electronic data, such as your IP address, device ID, and information collected from cookies and similar technology when you open our emails and visit our Web Site (for more information about cookies, how we use them, and your related choices, please see our Cookie Policy below); and
• Information we get from our partners or affiliates to support contests and promotions and our marketing initiatives, administer our contests and promotions, improve our Site’s functionality and services, and monitor, manage, and measure our advertising campaigns.

We may make available a linked ‘Careers’ panel and functionality through the Site, where you can view career opportunities with Mark Anthony and submit an application for an open career opportunity. These functionalities are provided by a third party service provider, who provides services to Mark Anthony.

Our service provider is responsible for the handling of your personal information that you provide to them. The collection and use of your personal information for employment purposes by Mark Anthony’s third party service provider is not subject to this Privacy Policy. If you use the ‘Careers’ panel and functionality through the Site, please review and consider the privacy policy of our service provider, before you provide them with your personal information.

BY USING OUR WEB SITE, YOU CONSENT TO THE COLLECTION OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, WHICH YOU ACKNOWLEDGE IS NECESSARY FOR MARK ANTHONY’S LEGITIMATE BUSINESS INTERESTS.

How do you use my personal information?

We use the above categories of personal information to support our typical business activities (including compliance with legal obligations, security, and anti-fraud purposes), and to provide services to our customers, such as to:

• Respond to your requests, for instance, if you use the form “Contact Us” on our Site;
• Offer you a tailored version of the Site;
• Manage and administer our Site;
• Improve our products or services;
• Notify you about changes to our legal terms or business practices;
• Get in touch with you after you submit an inquiry;
• If and where we make available ordering functionality on a Site, process your orders and deliver our products to you, where applicable;
• If and where we make available a mailing list on our Site and you provide us with your e-mail address to join our mailing list, we may use your e-mail address to send you promotional information on our products. To unsubscribe from our mailing list, please contact privacy@markanthony.com, or follow the unsubscribe link in our e-mails;
• Display advertisements related to products we think may interest you on our Site, in e-mail communications you consent to receive, and on social media platforms;
• Invite you to participate in surveys on your satisfaction with our products; and
• Administer, maintain, and communicate with you about contests and promotions in which you have chosen to participate.

How can I opt-out of receiving marketing e-mails?

We may communicate with you through e-mail for marketing and promotional purposes. When you receive such communications from Mark Anthony, you can always unsubscribe using the link in the e-mail. Alternatively, you can reach out directly to us and we will help you out: privacy@markanthony.com.

How do you protect my personal information?

We strive to implement reasonable measures to protect your personal information against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and any other unauthorized access or use. We aim to ensure that the level of security and the measures adopted to protect your personal information are appropriate for the risks presented by the nature and use of your personal information. However, we cannot guarantee with 100 percent certainty that your personal information will be secure from theft, loss, alteration, misuse, or unauthorized access, nor do we make any representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information. We are not responsible for any attempt made by a third party to circumvent our privacy and security protocols. Please immediately contact privacy@markanthony.com in the event that you feel the security of your personal information has been compromised.

Who will access my personal information in your organization?

We only allow our employees to use your personal information on a need-to-know basis. Our employees handling personal information are subject to confidentiality agreements.

Do you share my personal information with third parties?

We may share the categories of personal information described above with service providers that we partner with to assist us in various functions, including providing technological support and performing security and anti-fraud services, providing you with our services and products (including helping us to administer contests and promotions) where applicable, and providing you with communications and marketing information on our behalf. However, we do not sell your personal information, including exchanging it for monetary or other valuable consideration.

These service providers can be classified in the following categories:

• Delivery partners, to deliver our products to the right location, if and where we make available ordering functionality on a Site;
• Financial partners, involved in the processing of your banking or credit card data on our Site, if and where we make available ordering functionality on a Site;
• Marketing partners, which we use to display advertisements and/or, with your consent, to send you promotional communications;
• Promotional vendors, who help us to administer contests and promotions in which you may choose to participate, including by maintaining separate contest and promotion microsites;
• Recruitment service providers, who will hold information provided to the third party website and ‘Careers’ functionality;
• IT service providers, such as our web and data hosting providers; and
• Other service providers, who we may engage to provide services to us or on our behalf.

We may also share your personal information with others as required under the law, such as where we are required to do so to comply with a valid court order or subpoena.

These service providers (together with any other IT or business support service providers we may engage from time to time) may process your personal information as part of the services they offer to us. We take steps to ensure that our service providers process your personal information in accordance with applicable privacy laws and regulations, only use it in accordance with our contract with them, and keep it secure. If you would like more information about our processors, please contact us by e-mail at privacy@markanthony.com.

We may have to share your personal information if necessary, in our judgment to comply with laws or regulations or in response to a subpoena, warrant, or legal order, or to protect our rights or the rights of others. When we receive such requests, we do all necessary verifications to ensure that they are lawful.

We reserve the right to transfer your personal information to a successor entity (or potential buyer) if we sell or transfer our business operation. We reserve the same right in case of merger, acquisition, bankruptcy, reorganization or sale of assets. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court.

The Site may contain links to other sites on the Internet that are owned and operated by third parties, including social media (the “External Sites”). Even if the third party is affiliated with Mark Anthony, Mark Anthony has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of Mark Anthony. If you click on these links, you are leaving our website and the collection, use and disclosure of your personal information will be subject to these third parties’ privacy practices, terms of use, and other contractual documentation listed on such External Sites. Mark Anthony has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites.

Where will my personal information be stored?

We may store your personal information in any jurisdiction where we operate, including in Canada or the United States. When we share your personal information with our trusted partners, they may store some of your personal information in their databases in Canada, the United States, or elsewhere in the world. If you are accessing this Site from jurisdictions outside Canada, please be advised that by transmitting or sending personal information to us, you are transferring your personal information to us in Canada where data protection and privacy laws may be less stringent than the laws of your country.

BY USING OUR WEB SITE, YOU CONSENT TO THE TRANSFER, STORAGE, AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, WHICH YOU ACKNOWLEDGE ARE NECESSARY FOR MARK ANTHONY’S LEGITIMATE BUSINESS INTERESTS.

What are my rights regarding my personal information?

Different laws allow you to exercise rights relating to your personal information. Depending on where you are located, these rights can vary. Your rights usually include the right to:

• access copies of the personal information that collect, use and disclose about you, as long as such data remain available in our databases; and
• ask for the deletion of your personal information in certain circumstances provided by applicable law.

Depending on where you are located and subject to applicable law, you may have additional rights with respect to your personal information, including:

• “Right to rectification” – the right to ask for the rectification of your personal information in case it is incorrect, incomplete, invalid or ambiguous;
• “Right to be forgotten” - the right to request that we erase your personal information in certain circumstances provided by applicable law;
• “Data portability” - the right to request that we send to another company, where technically feasible, your personal information; and
• The right to request that we restrict the processing of your personal information in certain circumstances; for example, if you contest the accuracy of the personal information while we are verifying the accuracy thereof; and
• The right to object to processing of your personal data where it is processed on the grounds of legitimate business interests.

If you have any questions about your rights or if you want to exercise any of these rights, please contact us at privacy@markanthony.com. We will take reasonable steps to enable you to access your personal information, or to update or correct personal information in our possession that you have previously submitted.

If you request a transcription, reproduction or transmission of your personal information, we may have to charge a reasonable fee to process your request, subject to applicable laws. In this case, we will contact you about these charges before addressing your request.

Additionally, in some cases, your ability to access or control your personal information will be limited, as required or permitted under the applicable laws. If your request is denied, we will notify you in writing, with the reasons for our refusal and information on how to appeal our decision.

Nevada Residents

Although we do not sell Personal Information (as defined in Chapter 603A of the Nevada Revised Statutes), Nevada residents have the right to submit a verified request directing us not to sell your Personal Information. To submit such a request, please email us at privacy@markanthony.com.

How do we protect children’s privacy online?

Our Site is restricted and limited only to users that are above the legal age in their jurisdiction and we do not knowingly collect or store personal information from children. However, if we learn that we have collected personal information from a child without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child, please notify us at privacy@markanthony.com.

How can I reach you if I have more questions, concerns, or any inquiries?

Mark Anthony welcomes your comments regarding this Privacy Policy. If you would like more information on this Privacy Policy or Mark Anthony’s organizational privacy policies, or if you believe that Mark Anthony has not adhered to the terms of this Privacy Policy, you can always reach out to us by e-mail at privacy@markanthony.com, our privacy officer will get back to you as soon as possible.

What are Cookies?

Cookies are alphanumeric identifiers or small data text files that are sent from a server during a browsing session. A cookie is a small piece of information that is placed on your computer when you visit certain websites. When we refer to “cookies” we include other technologies with similar purposes, such as tags, pixels, and identifiers. Find out more about the use of cookies on http://www.cookiecentral.com.

Why do we use cookies?

Mark Anthony uses cookies to help us to improve your experience of the Web Site and to ensure that the Web Site performs as you expect it to. Cookies can improve your experience of using a website, for example, by remembering your preference settings and tracking your use of a website so that it can be improved to meet your needs. You can set your cookie preferences when you arrive at our Web Site, and modify your cookie preferences at any time by modifying the applicable settings on your browser applicable to our Web Site.

Mark Anthony uses cookies for the following purposes:

• To improve your experience when navigating our Site;
• To remember some of your preferences, or save some of your credentials for your next visit to our Site;
• To perform analytics and understand the pages and advertisements that you like, how you ended up on our Site and from what type of devices; and
• If we make available a mailing list on our Site and you subscribe to our mailing list, we can use cookies to know if you opened your e-mail and if so, from what device. If you click on an offer that we sent you by e-mail, you will be redirected to our Site and we will know that you visited our website through this communication. This will help us understand which promotions work better than others for you and allow us to send you more personalized offers.

What type of Cookies do we use?

When you browse our Site, different types of cookies are set on your device’s storage space. Cookies can be installed by us or can be installed by third parties.

• First Party Cookies – First party cookies are those that are issued by our Web Site domain, and they can only be set or retrieved by us. They are used for purposes specific to us, such as to personalize the Site.
• Third Party Cookies – Third party cookies are usually placed on the website via scripts or tags added to a web page. Sometimes, these scripts will also bring additional functionality to the Site.

We use different categories of cookies, including:

• Strictly Necessary – These cookies are essential to enable you to navigate our Site and use its features.
• Performance Cookies – Performance cookies collect information about how visitors use a website, such as the pages that visitors go most often, and whether they get an error messages from our web pages. These cookies don’t collect information that allows us to specifically identify you; they only provide aggregated information about our visitors. Most performance cookies are persistent. For example, we use a cookie called _ga which allows Google Analytics to generate aggregated statistical data on how a visitor uses our Site. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
• Functionality Cookies – These cookies are used to allow specific functionalities that are useful to you.
• Third Party and Personalization Cookies – These cookies are used to deliver advertising that is relevant to you and your interests. For example, these cookies can remember that you visited a website and share this information with third parties for ad personalization purposes.

How long do cookies stay installed on my device?

We use both session cookies and persistent cookies as described below:

• Session cookies – Those are files set temporarily on your device and deleted once you close your browser. They are not stored nor transmitted to third parties. We use this type of cookie to ensure you have a user-friendly experience. As an example, we may use a cookie to store a session ID, which allows us to preserve users’ states across page requests. Most of our cookies are session cookies.
• Persistent cookies – Those remain active on your device for some time, which may vary from a few days to two years after your visit on our Site. As an example, we may use a cookie to save your language preference on our Site.

Can third parties have access to my cookies?

We use Google Analytics Demographics and Interest Reporting to conduct some analytics on our Site performance. However, we cannot and do not use these cookies or the information tracked by these cookies to track you individually. This service gives us an idea of the overall traffic on our different pages, to help us optimize the Site for visitors.

How can I manage my cookie preferences?

Browsers and devices have tools that allow you to control cookies; you can block them, ensure that you are notified when you are subject to cookies and control the cookies already stored on your device. Adjustments to your cookie preferences can be made in your browser settings. However, if you block all the cookies used by our Site, you may not be able to access all functionalities of the Site.

If you want to opt-out from Google Analytics Demographics and Interest Reporting, you can do so by installing the Google Analytics Opt-out Browser Add-on made available by Google.