DATA & PRIVACY POLICY

This Data & Privacy Policy was last revised and shall become effective as of SEPTEMBER 1, 2022.

Thank you for visiting pavessentials.com (the “Site”). The Site is an Internet property of Park Avenue Essentials LLC, and its affiliated companies (“Park Avenue”, “our”, “we” or “us”). Park Avenue is committed to protecting your data and privacy. We have prepared this data and privacy policy (“Privacy Policy”) to describe to you and to outline our practices and policies associated with any information that we may collect from you, or that you may share with us when you access and use the Site, and through your purchase(s) of any product(s) and/or services being made available to you through the Site (the “Products”), or your use or any related products and/or services (the “Related Materials”).

BY ACCESSING THE SITE OR USING ANY RELATED MATERIALS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY IN ITS ENTIRETY.

• We collect information about you and how you use the Site and Related Materials.
• We collect Anonymous Data and Application Data (as defined below) to make the Site and Related Materials more useful to you.
• If we do collect Personal Data (as defined below), we will only use this information for lawful purposes and will store and retain this information for as long as required by applicable law.
• We may send you emails about the Products and Related Materials, and other stuff that may be of interest to you. You can unsubscribe from our marketing emails at any time.
• You can contact us any time to update or remove any Personal Data that we have collected and stored about you.

Lawful Basis for Processing Data

In certain jurisdictions, the processing of your Personal Data (as defined below) is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

• By using the Site, the Related Materials, purchasing Products, or otherwise submitting your Personal Data to us, you consent to our collection, use and sharing of your information as described in this Privacy Policy.
• Legal Obligation. We will process your Personal Data where the processing is necessary to comply with applicable law.
• Legitimate Interest. We will process your Personal Data based on Legitimate Interest, particularly where it is used for fraud prevention and business and support purposes.
• Contract. We may process your Personal Data where such processing is required in order to fulfill an agreement or contract with you.

How We Collect and Use Personal and Anonymous Data

When you access the Site, purchase Products, or use the Related Materials in any way, we may collect Personal Data and Anonymous Data from you. We may also collect Personal Data and Anonymous Data when you send us information or communications.

“Personal Data” means data that allows someone to identify or contact you including, for example, and without limitation:

• your name;
• your Internet Protocol (IP) address;
• your Windows machine unique identifier;
• your physical address (address, state/province, ZIP/postal code, country);
• your electronic mail (email) address;
• your phone number;
• your account name;
• your geographic location or geolocation; and
• your credit card information.

Personal Data may be used for the purposes of recording the transaction when you access the Site, when you purchase Products, when you purchase any associated products and/or services, or when you use any of the Related Materials. Park Avenue does not knowingly collect any sensitive personal data or any data defined under special categories of the applicable law(s).

We may also use Personal Data for the following purposes:

• to fulfill your requests for the Products and any Related Materials;
• for use in internal business analytics;
• to prevent fraud;
• to send you information about the Products, including any confirmations, invoices, purchase receipts, updates, security alerts, and support and administrative messages;
• to engage with third-party service providers so that you can access and use the Site and any Related Materials;
• to respond to your communications with Park Avenue;
• to communicate with you about Products and/or services offered by Park Avenue, its affiliated companies, and its selected partners;
• to contact you to resolve problems that you may encounter with the Site, the Products, and any Related Materials;
• to process and fulfill your purchase of a Product(s), or your purchase of any Related Materials;
• to fulfill your requests for the Product(s) and any Related Materials; and
• to periodically conduct product and market research regarding your use of the Site, the Product(s), and any Related Materials.

If and when we use a third-party payment processing merchant, third-party fulfillment provider, third-party technical support provider, third-party technology provider, or third-party hosting provider, we ensure that the same privacy criteria, as defined herein with respect to Personal Data, are in place with such third parties. We do not (knowingly) collect personal information from persons under the age of (18) eighteen.

“Anonymous Data” refers to data about you that is not associated with or linked to your Personal Data. Anonymous Data does not permit the identification of individual persons. If and when we use a third-party technical support provider or third-party hosting provider, we ensure that the same privacy criteria as defined herein with respect to Anonymous Data are in place with such merchant. We do not (knowingly) collect personal information from persons under the age of (18) eighteen.

To make the Site, the Products, and any Related Materials more useful to you, our servers (which may be hosted by a third-party service provider) may collect Anonymous Data from you such as web browser type, operating system type and version, domain name, and/or a date/time stamp of your visit. We may use cookies and navigational data like Uniform Resource Locators (URL) and referring URLs to gather information regarding the date and time of your visit or the domain from which you arrived to the Site. We may use Anonymous Data for market research purposes and to improve the Products, the Site, and any Related Materials.

We may share Anonymous Data with our affiliated companies, selected third parties, and business partners, however, we will not share any Anonymous Data if such information is, contains, or will be linked to your Personal Data, unless we have given you notice, as described in this Privacy Policy, and you have given us authorization to do so. Park Avenue will use Personal Data, including IP addresses, to identify users of the Site and Related Materials if and when we feel it is necessary to enforce compliance with the Site’s policies, or to protect the Products and the Related Materials, the Site, or other users of the Site and/or Related Materials.

We reserve the right to send you notices regarding any updates to the Products, the Related Materials, and this Privacy Policy.

Sharing and Retention of Personal Data

We will never sell, trade, or rent any Personal Data, or any Anonymous Data that may contain Personal Data, to any third party.

In certain special cases, we may use, retain, or disclose your Personal Data when we have reason to believe that using, retaining, or disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to you, or otherwise injuring or interfering with Park Avenue’s rights, property or operations, other Park Avenue customers, or anyone else who could be harmed by such activities. We may also use, retain, or disclose your Personal Data when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.

If we determine, in our sole discretion, that you have engaged in conduct which might be considered, unlawful, fraudulent, or which might harm or damage the reputation or standing of Park Avenue with either the general public or with a business partner or potential business partner of Park Avenue, we reserve the right to release your Personal Data to such persons or third parties as we consider necessary in order to prevent you from causing injury to, or otherwise injuring or interfering, now or in the future, with Park Avenue’s rights, property or operations or otherwise the rights, property or operations of anyone else who could be harmed by such conduct.

We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you newsletters and emails that directly promote the use of the Site, the Products, and any Related Materials. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings from us, you may continue to receive future mailings from third parties that you have requested to receive information from. If you do not wish to receive future communications from third-party providers, you should notify them directly of your choice regarding their use of your Personal Data. To opt-out of having future third-party marketing communications sent to you, you will be required to unsubscribe with the applicable third-party providers. Despite your request to no longer receive future newsletters or promotional and marketing communications from us, we reserve the right to continue to send you notices of any updates to the Products, the Related Materials, and this Privacy Policy.

Your Rights With Respect to Your Personal Data

This section applies if you are located in the European Union (EU) or European Economic Area (EEA). In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:

• Right of access and portability. The right to obtain access to and to receive your Personal Data.
• Right to rectification. The right to obtain rectification of your Personal Data without undue delay where that personal information is inaccurate or incomplete.
• Right to erasure. The right to obtain the erasure of your Personal Data without undue delay in certain circumstances, such as where the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Data in certain circumstances, such as where the accuracy of the Personal Data is contested by you, for a period enabling us to verify the accuracy of that Personal Data.
• Right to object. The right to object, on grounds relating to your particular situation, to the processing of your Personal Data, and to object to processing of your Personal Data for direct marketing purposes, to the extent it is related to such direct marketing.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy. You also have the right to lodge a complaint to your local data protection authority.

This section applies if you are a resident in the State of California. In accordance with the California Consumer Privacy Act (CCPA), you have certain rights with respect to the processing of your personal information. Under CCPA, you have a right to request that we provide you with the following:

• Categories of information. The categories and specific pieces of personal information we have collected about you.
• Categories of sources. The categories of sources from which we collect personal information.
• The purposes for collecting, using, or selling personal information.
• Categories of third parties. The categories of third parties with which we share personal information.
• Business purpose. For companies that disclose personal information for business purposes, the categories of personal information disclosed about you for such business purposes.
• Selling of information. For companies that “sell” personal information, the categories of personal information that are being sold and the categories of third parties to which the personal information is being sold. Note that Park Avenue does not “sell” personal information as defined by the CCPA.

You also have a right to request that we update or delete personal information under certain circumstances, subject to certain exceptions and requirements. If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.

We reserve the right to limit or deny your request to view, update, or remove your Personal Data if you have failed to provide us with sufficient information to verify your identity.

Cookies and Similar Technologies

A cookie is a small piece of text that is sent to your web browser by the Site. The cookie helps the Site remember information about your visit, which makes your next visit to the Site easier and the Site more useful to you. We also use cookies to count how many visitors we receive to a page on the Site. No personally identifiable information is collected or stored by Park Avenue during this process. We may use your IP address to identify your general location for traffic monitoring purposes. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

If you opt-out of having your information collected through cookies and other web technologies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs third-party service providers not to track your future activities when that cookie is detected (a “do-not-track” cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a “do-not-track” cookie cannot be set on your computer. Also, if you subsequently erase “do-not-track” cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser “do-not-track” signals.

Third-party Relationships

Third-party Links – The Site and Related Materials may contain links to other third-party owned and/or operated websites and, where you request information from third-party providers, Park Avenue may transfer you directly to the websites of such third-party providers. Park Avenue is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Park Avenue has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such website. These third-party entities are independent third parties and are not affiliated with Park Avenue.

Third-party Offers – Park Avenue may provide you with the opportunity to receive special offers, products and/or services from third parties. Where you indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, your Personal Data that was provided during that information collection process will be shared with the applicable third party so that such third party may provide their products and/or services to you so that you do not have to complete another information collection form to purchase or receive that product or service.

Third-party Cookies – Clicking on any third-party offers may add and place cookies on your computer prior to directing you to the applicable advertiser’s site. These third parties have separate cookie polices and Park Avenue has no responsibility or liability relating to them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

Third-party Technology/Software/Services/Solutions Providers – The Site and Related Materials may contain certain software technologies and services licensed from third-party providers. Park Avenue may engage with certain third-party services and solutions providers such as data hosting service providers, traffic monitoring service providers, payment processing providers, product fulfillment providers, and advertising service providers. These third-party providers have separate privacy and data collection practices and policies, and Park Avenue has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of the terms and conditions of any third-party privacy policies. These third-party entities are independent third parties and are not affiliated with Park Avenue.

Park Avenue may be using or sharing your Personal Data for Legitimate Interest purposes with third-party technology and service providers. For more information about these third-party service providers, please CLICK HERE.

Security of Data

Park Avenue is committed to protecting the security of any Personal Data that is collected by us. We use a variety of industry-standard security technologies and procedures to help protect any Personal Data from unauthorized access, use, or disclosure. Despite these measures, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Park Avenue cannot fully eliminate security risks associated with the collection and storage of any Personal Data, including without limitation, any mistakes and security breaches that may happen. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. In the unlikely event of a data breach where your Personal Data has been compromised, Park Avenue will promptly notify you, the applicable authorities and supervisory authorities or data protection authorities.

If you are located in the EU/EEA and Park Avenue is required to transfer your Personal Data in accordance with this Privacy Policy, we exert commercially reasonable efforts to ensure that any transfer of your Personal Data outside of the EU/EEA is protected under industry standard contractual clauses, and any subsequent data protection safeguards. Where EU Data Protection Law applies, Park Avenue shall not process its collected Personal Data (nor permit its collected Personal Data to be processed) in a territory outside of the EU/EEA unless it has taken such measures as are necessary to ensure the transfer is in compliance with EU Data Protection Law. Such measures may include (without limitation) transferring its collected Personal Data to a recipient in a country that the European Commission has decided provides adequate protection for Personal Data, to a recipient that has achieved binding corporate rules authorization in accordance with EU Data Protection Law, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.

Data Retention Period

Any Personal Data that is collected and stored by Park Avenue will be retained only for as long as required in order to provide certain products and/or services to you, or as required by applicable law. Any Personal Data that is no longer required by Park Avenue will be destroyed.

Changes to Privacy Policy

We reserve the right, in our sole discretion, to change, modify, update and change this Privacy Policy at any time and without prior notice to you. Notice regarding any material changes to this Privacy Policy and how Park Avenue will collect and use Personal Data will be placed in a prominent location on the Site or within the Related Materials and will take effect immediately upon their posting on the Site or within the Related Materials. Furthermore, Park Avenue reserves the right to update, add, and/or remove third-party service providers with whom Park Avenue may be using or sharing Personal Data for legitimate and lawful purposes without prior notice to you. Please check the Site and this Privacy Policy periodically for any changes. Your continued use of the Site and/or Related Materials following the posting of changes to this Privacy Policy, or any changes to the third-party service providers with whom Park Avenue may be using and sharing Personal Data for legitimate and lawful purposes, will constitute your acknowledgement and acceptance of any and all changes.

Contacting Us

If you have any questions regarding this Privacy Policy, would like to review, update or remove your Personal Data, or would like more information on our data collection, usage, and privacy practices, please contact us:

Park Avenue Essentials LLC
#7A – 530 Park Ave.New York, NY 10065
privacy@pavessentials.com