Privacy Policy 

This Privacy Policy describes how Bal Harbour Shops LLC (together with affiliates, “BHS”) collects, uses, or discloses personal information we receive through our websites (including balharbourshops.com, balharbourshopspopup.com), any mobile applications we provide, and through other online or offline services we may offer (collectively, the “Services”). This policy also describes your choices about the collection and use of your information. 

Please read the Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms of Use (“Terms”) and Privacy Policy. If you do not agree to both the Terms and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. Please see Sections 14-16 of our Terms of Use regarding your legal rights in any dispute involving our Services, including mandatory arbitration and a waiver of rights to a jury trial or class action. 

How We Collect Information 

We may collect information about you by various means, including: 

Directly from you, both online and offline; 

Through our permanent or pop-up locations, websites, mobile apps, and other connected devices and services; 

From other third party sources and social media platforms that you may use to engage with us, as well as from our affiliates, brands, partners or third parties, including but not limited to consumer research firms and public databases, for the purposes provided below, and/or to supplement information we already possess; and 

By combining information from different sources, including online and offline data. 

Types of Information We Collect 

In order to better provide you with our Services, we may collect the following categories of information:  

Profile and subscription information, such as a username and password, your name, physical address (mailing, shipping and/or billing), e-mail address, phone number, and usage and subscription preferences, which may include signing up to some of our Services or other communications from us or selected third parties; 

Transactional information including payment information and shopping history if you shop with us, and any loyalty program (like ACCESS), discounts and other promotional activities you engage in with us; 

Survey information in response to questions we may send you through the Services, including for research purposes and possibly in connection with a contest or promotion;  

User Content you may provide to publicly post via the Services if we permit (e.g., product comments, photos, and other materials) along with any information you provide about yourself and the content—this may also include metadata associated with your content (such as location and date/time information embedded in pictures); 

Social media profile information, such as when posting to us online social media platforms, or signing into an account with us using a Social Login profile that you choose to provide to us; 

Communications between you and us, such as via e-mail, mail, phone or other channels; andOffline activity you directly engage in with us, if any; and 

Online User Activity described in the next section.  

If you provide us with information regarding another individual (such as a gift card recipient or family member), you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy. 
 
Job applicants may also provide us information as part of their employment application that includes such things as the applicant’s name, email, social media profile, resume, and cover letter. We do not use this information for any purpose other than to evaluate the individual for employment with us. Job applicants may provide additional information for routine background checks to a third party provider of such services, under specific privacy terms and consents that will be provided at the time of collection. 

Online User Activity, Cookies and Information Collected by Other Automated Means 

Cookies are a commonly-used web technology that allow websites to store and retrieve certain information on a user’s system, and track users’ online activities. We, our service providers, and our business partners may collect information about your use of our websites and mobile apps by such automated means, including but not limited to cookies, pixels, SDKs and other similar technologies.  

Cookies and similar technologies can help us automatically identify you when you return to our website or app. Cookies help us review website traffic patterns and improve the website, determine what Services are popular. We can also use such information to deliver customized content and advertising to users of the Services whose behavior indicates that they are interested in a particular subject area.  

When you use the Services, the information we may collect by automated means includes, for example: 

Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses); 

Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number) 

Stored information you affirmatively provide the Services with access to, such as pictures, video and contacts stored on your device; and  

Location information where you choose to provide the website or app with access to real-time information about your device’s location, note however that if you block our access to location information, some parts of the Services may be inaccessible or non-functional. 

We may also ask advertisers or other partners to serve ads or services to your device, which may use cookies or similar technologies placed by us or the third party. If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features our Services provide. We may share non-personal information obtained via cookies with our advertisers and affiliates. Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. We and our service providers and business partners may collect information about users’ online activities over time and across third-party websites. 

How We Use Information We Collect 

We may use the information we obtain about you for purposes allowed by applicable laws, which includes: 

Providing our Services to you, including online and offline shopping services and managing your purchases, returns, refunds, and other transactions and payments with us, and providing product recall information or other important services; 

Responding to your requests, questions and comments and provide customer support; 

Protecting against fraud and other security issues; 

Tailoring the content we display to you in our Services and communications, including advertising, and offer products and services that we believe may be of interest to you; 

Operating, evaluating and improving our programs, our websites and other products and services we offer (including to develop new services); 

Establishing and maintaining any account you create for our Services; 

Offering and administering loyalty programs, coupons, promotions, sweepstakes or other contests; 

Analyzing and enhancing our communications and strategies (including by identifying when emails sent to you have been received and read); 

Informing you about changes to this Privacy Policy and our Terms of Use and other policies; 

Train and use AI tools with your information for certain business purposes, such as to analyze customers’ experiences and activities with us, to improve the efficiency, quality, and speed of our business operations, to support communications with customers (such as a chatbot), to generate business content, and to provide more personalized experiences and targeted marketing, but we don’t use AI tools in any manner that could be expected to negatively impact customers in a material or unlawful manner; 

Complying with and enforcing as needed applicable legal requirements, industry standards, our policies and our contractual rights; 

Monitoring the performance of our Services including metrics such as total number of visitors, traffic, and demographic patterns; and 

Diagnosing or fixing technology problems or other operational issues. 

We may also use or share information in an anonymized or aggregate manner for many purposes such as research, analysis, modeling, marketing, and advertising, as well as improvement of our Services. Information that is de-identified so it no longer contains personal information is not subject to this Privacy Policy. 

Third Party Links and Online Advertising 

Our Services may contain links to other websites or online services, including social media. Please be aware that we are not responsible for the content or privacy practices of such other websites or online services, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website or online service that collects Personal Information. 

You may see us advertising on various websites, web pages, social media and other platforms. Please note that online advertising service do not always provide us with complete information about the platforms or website on which our advertising may appear. If you believe that our advertising is being displayed through websites or channels that promote inappropriate or offensive content, please contact us.  

We may serve advertisements, and allow third parties to serve advertisements, through our Services. These advertisements are sometimes targeted and served to particular users and may come from third party organizations called “ad networks.” Ad networks can include a number of third party ad servers, ad agencies, ad technology vendors and research firms. Advertisements served through our Services may be targeted to users who fit a certain general profile category, which may be inferred from information you provide to us or, based on your website or mobile app usage patterns, or based on your activity on other website or online services as may be available to the ad networks. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.  

How We Share Your Information 

We will not disclose your personal information to third parties without your consent, except in the following circumstances. 

As discussed above, certain Online User Activity may be shared through third party targeted advertising cookies or other tools, including or through remarketing services so that third-party websites can serve interest-based ad targeting to a user about new products and offers from us or our partners (see below regarding your ability to opt-out of such advertising); 

We may share your contact information with select brand and promotional partners in order to provide you with offers or other communications that may be of particular interest to you (if you have not opted out of marketing communications). 

We may share your information as permitted by law, including, for example, with our corporate affiliates, and service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include IT services, maintenance and hosting of our Services, payment processors, shipping and returns partners, marketing partners, and other service providers). We only provide such vendors with information so they can perform their required functions on our behalf. 

We use Shopify to power our online store, you can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site, you can read more about how Google uses your information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.  

If you voluntarily share or submit any user content including contact information (e.g., name) or content (e.g., picture), or commentary (e.g., forums, message boards, chats) for public posting through our Services, or link it to any social media platforms, that post and any content or information associated with it may become available to the public. See our Terms of Use for more information about how we may use such user content. 

We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) when we believe disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity, or to enforce our Terms and other legal rights; or (iv) under exigent circumstances to protect the personal safety of our staff, users or the public. 

We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy.  

If you choose to use Social Login to create or access your Account, you understand that some limited information regarding your activity may be accessible to that third party provider as a result of such use. 

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your information (e.g., e-mail, name, address, telephone number) is not transferred to the third party. Instead, we may share anonymous data with trusted partners to help perform statistical analysis, and then we would send you an email or postal mail, on their behalf. 

Note that we do not share your text message program enrollment or consent with third parties for their own purposes. 

Where appropriate, we will limit sharing of your information in accordance with the choices you have provided us and applicable law. 

Your Privacy Choices 

We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.  

Marketing Emails: From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may be notified when you open an email from us or click on a link therein. You may choose not to receive marketing emails from us by clicking on the unsubscribe link in the marketing emails you receive from us. Even if you opt out of receiving such communications, we will continue sending you non-marketing email communications, such as administrative or transaction alerts, or information about changes to our terms of service. 

Text messages: If you affirmatively consent to receive text messages from us and enroll in such a program, you will receive updates via text unless you opt-out of the text message program. These messages may be unencrypted. Message frequency may vary based on the Services. If at any time you would like to stop receiving text message notifications, please text “STOP” in reply to our message, we will send you a reply message to confirm that you have been unsubscribed and you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. If at any time you forget what keywords are supported, just text “HELP” back to us and we will respond with instructions on how to use our service as well as how to unsubscribe. 

Mobile accounts: If you create an Account through one of our mobile apps, you may delete your account and request deletion of your information where indicated or by contacting us. 

Cookies: Web browsers may offer users the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites and mobile apps may not function correctly. 

Targeted Advertising: Some of our business partners that collect information about your activities on our websites and in our mobile apps may be members of organizations or programs that provide you with choices regarding the use of your browsing behavior for purposes of targeted advertising. For example, you may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Mobile app users may opt out of receiving targeted advertising in mobile apps through members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the desired choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above. You can opt out of some primary ad networks by clicking on the following links for Facebook, Google and Bing.  

User Account: You may terminate your user account or any loyalty program you participate in by contacting us as provided below. We may retain any account information or User Content for internal purposes or as otherwise provided in this Privacy Policy and our Terms of Use. 

State-Specific Notices 

In addition to the disclosures provided in this Policy, if you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey  Oregon, Texas, Utah and Virginia or any other state with a comprehensive state privacy law in effect, you may be entitled to exercise certain additional rights regarding your personal information to the extent provided that that law. In particular: 

You may request a copy of the following: (1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the personal information; (4) the categories (or in some states, the identity) of third parties with whom we shared personal information, and the categories of personal information shared; and (5) the specific pieces of your personal information that we have collected, used, disclosed, or sold.  

You may request that we (and our service providers) correct your personal information if it is inaccurate or delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for certain other internal business purposes described in our Privacy Policy.  

If you have an Account with us, you may access certain personal information (such as profile and transaction information) directly through your Account after logging in to the Services, and may update and correct certain profile information as well. Otherwise, to request a copy of personal information we have collected about you, to request a correction of your information, or to request that the your information be deleted, please contact us as directed below. You may authorize another person (your “agent”) to submit a request on your behalf the same way. After you (or your agent) submit a request, we will check our records for matching information and contact you (typically via email at the email address provided during submission of your request) with instructions on how to verify the request before we fulfill it. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws. Note that you can close an Account or opt out of email or marketing lists as provided above. To submit any requests, or if you have questions or concerns, please contact us at as directed below. 

You may also have the right at any time to opt out of (i) selling or sharing of your personal information to third parties, and (ii) targeted advertising through third parties. We may provide certain personal information to advertising businesses and other third parties, such as to provide targeted advertising, customer analytics, a more personalized experience and special offers to you. Specifically, identifying information, Online User Activity (as described above) and/or transaction information may be shared through targeting cookies and data extracts, and we may benefit from these activities. You can opt-out of such sharing (which may be referred to as a “Do Not Sell or Share” right). For cookies and other online tools subject to these requirements, we will provide an opt-out mechanism on our Services if required.  You can opt-out of third party data extracts by contacting us as directed above. 

Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to users, and we do not collect, use or disclose sensitive personal information (such as government identification number, precise geolocation, financial account information, etc.) except for the specific purpose(s) that you provide it.   

We may not, and will not, discriminate against any customer for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your personal information with our affiliates and service providers, and as otherwise directed by you, for the purposes described in our Privacy Policy.  

If we deny a privacy request, you may appeal the decision to us at the contact information provided below or in our denial notice. To the extent possible, please describe the basis for your appeal and if there is any specific personal information that concern you. We will endeavor to provide a prompt response and within the timeframe provided by any applicable law. 

If you are unsatisfied with our response to an appeal, you can raise your concerns with your state’s Office of the Attorney General. 

Additional notice for California residents 

Enumerated categories of information. In at least the past 12 months, we have collected the categories of personal information described above in this Policy, which includes: (1) Identifiers such as name, email address, IP address, postal address and phone number, such as when visiting our Services, creating an account or making a purchase with us; (2) Commercial Information such as purchase history; (3) Internet activity regarding interactions with our Services such as pages visited, product searches, browser type, browser language and other information collected automatically; (4) Professional or employment-related information that we receive, (5) Geolocation data including location enabled services on browsers and mobile devices; (5) Sensitive personal information such as account credentials and financial information to make a purchase; and (6) Inferences from the above for internal analytics and targeted advertising. For more information about how we collect, use and share these categories of information, please see the above sections in this Privacy Policy. 

Financial Incentives. For information about our Programs, including ACCESS, please see our Terms and program information. We do not generally provide a financial incentive in return for personal information, but we may offer our rewards program or limited-time marketing events, promotional offers or discounts that include a registration or other collection of personal information, and we will disclose the benefits and terms of those activities at the time of collection. 

Privacy rights requests for non-users. California privacy rights apply to all individuals (not just users of our Services), including job applicants, current and former employees, contractors and business partners. Due to the nature of these relationships, the collection and use of personal information can vary, as described above. All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests described above, by contacting us as directed below. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request. 

California Privacy Rights – Direct Marketing. If you are a resident of California, you are entitled to opt out and/or request information regarding our disclosure of your personal information to third parties for their own direct marketing purposes within California. To make such a request, please contacting us as directed below.  Any such request must include “California Privacy – Direct Marketing Request” in the first line of the request and include your name, street, address, city, state, and zip code. Please note that we are only required to respond to one request per user each year, and we are not required to respond to requests made by means other than as we direct.  

For Nevada residents, please note that we do not sell personal information as defined by Nevada law (Ch. 603A, Sec. 1.6). You can submit a request to us regarding the sale of such information via the contact information provided below. 

Links to Other Websites and Third Party Content 

Our Services may contain links to other websites or apps. This can include social media integrations. Please be aware that we are not responsible for the content or privacy practices of such other websites or apps, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website or app that collects personal information.  

How We Retain and Protect Information 

We retain personal information based on a number of factors, including (i) for business purposes such as for as long as your account is active, as long as is reasonably necessary to provide you with our products and services, and for the other purposes we use your information as described above, and (ii) as reasonably necessary to prevent fraud and abuse, resolve disputes, enforce our agreements and comply with our legal obligations, including tax, payment industry, securities, and clinical regulatory compliance requirements. We may also retain archived copies of your information for a reasonable period of time.  

We endeavor to maintain reasonable administrative, technical and physical safeguards designed to protect the personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.  

Children  

We do not knowingly collect personal data from children under the age of 13 on our Services. If you have reason to believe that a child under the age of 13 has provided personal information to us through our Services, please contact us, and we will endeavor to delete that information from our systems. If you are a California resident under the age of 18, do not share any personal information on any public content channel we may offer (e.g., user content). If you do post any such information, you can request removal by contacting us as directed below. 

International Data Transfers and Use 

Our Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Any information you provide through use of the Services may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Privacy Policy regardless of where your personal information is stored or accessed. 

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information, potentially including sensitive data, by us from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your personal information, you consent to any transfer and processing in accordance with this Privacy Policy. 

Updates to Our Privacy Policy 

We may revise or update this Privacy Policy at any time. We will post the updated version on our Services, and may notify you of any significant changes to our Privacy Policy. We will indicate on our Privacy Policy when it was most recently updated. Your continued use of our Services after such updates will constitute (a) acknowledgment of the change and agreement to abide and be bound by the updated Privacy Policy.  

Contacting Us  

If you have any questions, concerns or comments about this Privacy Policy, our privacy practices, or if you would like us to update information or preferences you provided to us, please contact us by email at inquiry@balharbour.shops or by mail to: 

Bal Harbour Shops  
Re: Website Inquiry 
420 Lincoln Rd, Suite 320, Miami Beach FL 33139, United States 

This Privacy Policy was last updated May 29, 2020.