Privacy Policy

Your Privacy Rights


This Privacy Policy describes the information that Darling State Of Mind and its subsidiaries and affiliates (“we,” “our” or “us”) collects through the www.darlingstateofmind.com website (the “Site”) and how we use it, how we protect it and the choices you can make about your information. Throughout this Privacy Policy “information” includes personal information about you. 


By accessing the Site, you expressly consent to the collection, use, disclosure and storage of your information and other information received by us as a result of such use in accordance with this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you should immediately stop using or visiting the Site.


We appreciate the trust you place in Darling State Of Mind and we are committed to respecting your privacy and the security of your personal information. This Privacy Policy, last updated in May 2017, is subject to change as our retail practices and website content, practices, and features evolve. We encourage you to read this Policy each time you visit darlingstateofmind.com.


We always welcome your questions and feedback. For privacy-related questions or comments, please contact us at:


Darling State Of Mind

Phone: 502-526-1021

Email: info@darlingstateofmind.com




Types of Personal Information We Collect


We collect the personal information you provide to us. This personal information may include for example: your name, billing and shipping addresses, payment card information, telephone number, email address, password, survey and user poll responses, employment-related information (such as that provided in a cover letter or resume), information related to your interaction with our social media accounts, and optional identifying demographic information.




Types of Website Data We Collect


We may also collect data related to your visit to our website. This information may include your browser type and version, operating system, internet service provider, IP address, and domain type. We use this information to understand how visitors access darlingstateofmind.com. This helps us build and optimize the best website for our audience.




How We Collect Personal Information


Darling State Of Mind may receive information from its customers and website users in several ways, including information submitted by you on our website or in-person. For example, we may collect personal information when you:


  • Make a purchase online or in-person
  • Return an item or make an exchange
  • Inquire about our service 
  • Sign up for Darling State Of Mind email updates or other communications
  • Enter a contest or sweepstakes 
  • Participate in a marketing survey or user poll, promotion, or event
  • Connect with Darling State Of Mind through social media, such as Facebook


We may also collect information from you about your friends and family members in the context of a refer-a-friend or similar marketing promotion. In such instances, we may send an email or other communication to your friend or family member on your behalf. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the message from you. We do not use the names or email addresses submitted in these circumstances for any other purpose without the consent of you or the email recipient to do so.



From time to time we may supplement the personal information of our customers with information from publicly available sources, such as information to validate the accuracy of your address or other information you have provided us. This helps us maintain the accuracy of your personal information and better understand and improve the nature of our product and service offerings.



We also gather information about how visitors navigate through our website. We collect this “clickstream data” by means of browser cookies and/or other online tools such as pixel tags. We may also partner with third party vendors to learn more about your demographics and shopping patterns in order to complete our understanding of you and your preferences.




How We Use Information We Collect


At Darling State Of Mind, we always want to provide you with the best possible shopping experience. In order to do this, we collect information that allows us to:


  • Provide the products and services you request
  • Send you promotional offers and communications we believe will be of interest to you
  • Send you Darling State Of Mind direct communications, such as email and mail
  • Identify your product and service preferences
  • Complete your customer profile by obtaining missing data
  • Provide information concerning product recalls or products you have purchased
  • Improve our merchandise selection and customer service
  • Administer your participation in our rewards program and send you program-related email communications and email alerts of special offers and events
  • Respond to your inquiries
  • Administer your participation in contests, sweepstakes, surveys or polls
  • Process and respond to your application for current and future employment


Why We Collect Information at darlingstateofmind.com


When you visit darlingstateofmind.com, we may ask you for personal information so that we can provide you with the products, services, or information that you have requested. 

 

SMS terms and conditions content and template

Since Constant Contact’s SMS sign-up form collects a user’s consent to market to them via SMS messaging, you are required to link to and provide SMS T&C/TOC. You can either update your current T&C/TOC with mobile specific language or create a unique set of mobile terms and conditions/terms of service.

Your mobile messaging T&C/TOC should include your SMS messaging program description, and wording around:

  • Message frequency - Detail the number of messages your contacts can expect to receive.
  • Possible fees - Explain the fees a contact may expect from their wireless provider.
  • How to opt-in - Give a description of how a contact may opt-in to receiving messages from you.
  • How to opt-out - Give a description of how a contact can opt-out of messages, including an alternative to “STOP”.
  • Abandoned checkout messages -  If you plan to send an abandoned cart message, include a clear statement that services might include abandoned checkout reminders.
  • Privacy policy -  Include a link to your privacy policy.


Why We Gather Information by Cookies & Pixel Tags


Cookies are pieces of information that our website transfers to your computer so that Darling State Of Mind can enhance your shopping experience and tailor our website to your needs. For example, cookies can improve your experience on our website by identifying the types of browsers and operating systems used most by our customers, and how visitors found our website (via a search engine, directory, other website, etc.). We may use cookies on our website to let us know who you are and personalize the website in accordance with your preferences.


We also use pixel tags - tiny graphic images - to tell us what parts of our website you have visited or to measure the effectiveness of any searches you may do on our site. Pixel tags also enable us to send you email in a format you can read and let us know when you have opened an email message from us. All of this information enables Darling State of Mind to improve the website and tailor it to individual customer needs and preferences.


We may also contract with other companies who use cookies or other online tools such as pixel tags to measure the performance of a marketing effort on our behalf.


At any time, you can disable the use of cookies in your browser and still have access to most of the information on darlingstateofmind.com. However, you may not be able to take full advantage of the Darling State of Mind website.



Your Choices about Communications from Us


When visiting darlingstateofmind.com, you may provide personal information and choose to receive e-mail and/or SMS text updates, invitations, product announcements, or other information from Darling State Of Mind. We may use a third party e-mail service provider to send e-mail communications from Darling State of Mind about our products and services. At any time, you can choose to remove your name from our e-mail list by:


  • Using the Unsubscribe link at the bottom of each e-mail sent by Darling State Of Mind
  • Using our online form
  • Contacting Customer Service at 502-996-7545 or at info@darlingstateofmind.com

We will make every effort to promptly remove your e-mail address from our distribution lists in accordance with applicable legal requirements.


If you do not wish to receive postal mailings from Darling State Of Mind, or third-party organizations, please notify Darling State of Mind by using our online form or contacting Customer Service at 502-526-1021 or at info@darlingstateofmind.com



We Comply with the Children's Online Privacy Protection Act of 1998


Our website in not intended for use by children under the age of 13. Consistent with the Children's Online Privacy Protection Act of 1998, Darling State of Mind does not knowingly collect personal information on children under the age of 13.



We Comply with California Law Governing the Privacy of California Residents


California Civil Code Section 1798.83 permits users that are California residents to request that we not share your personally identifiable information with third parties if we know or have reason to know that the third parties use the personally identifiable information for the third parties' direct marketing purposes. For their protection, we exercise this right on behalf of our California customers and require third parties hired by us to keep all personally identifiable information related to California customers secure and to not permit any use of personally identifiable information for direct marketing or any other purposes not authorized by us.



How We Share Information


We may transmit your personal information to our affiliates and third party service providers in the US and other jurisdictions who assist us in processing orders and payments, shipping products, sending catalogs or direct mail, performing surveys, conducting sweepstakes, processing job applications, sending e-mails and newsletters, and helping us decide whether to extend credit to you via arrangements that we may have with credit card issuers. We provide these companies with only the information they need to perform their services. We have agreements with these third party service providers directing them to protect your privacy by implementing appropriate security measures and using your information only as authorized by Darling State of Mind. For additional information about the way in which our service providers treat your personal information, contact us as set out above.


We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Darling State Of Mind or the website as part of a corporate reorganization or stock sale or other change in corporate control. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims. 


How We Handle Legally Required Disclosures


If we or our Canadian, US or other foreign affiliates or service providers receive a search warrant, subpoena, court order or other legal process requesting your personal information, we may disclose your personal information pursuant to such legal process without providing notice to you. We may also share personal information with companies or investigative bodies to assist in fraud protection or an investigation, or as otherwise required or permitted by applicable Canadian, US or other law. 


How We Protect Personal Information


To the extent required by applicable law, we have implemented reasonable administrative, technical and physical safeguards in an effort to protect against loss, theft, and unauthorized or unlawful access, use, modification and disclosure of personal information in our custody and control.


Your online access to certain of your personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. 



How to Access or Correct Your Personal Information


To the extent required by applicable law, you may have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing us at the contact information set out above. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.


How We Interact With Other Websites


Occasionally we provide links on our website to other sites to enhance the functionality and shopping experience. These sites operate independently of Darling State Of Mind and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.



What Happens When We Update Our Privacy Policy


We reserve the right to change our Privacy Policy at any time without notice. We will alert you to these changes by noting the date that this Privacy Policy was last updated at the beginning of the Privacy Policy. We encourage you to review this Privacy Policy from time to time to make sure that you understand how Darling State Of Mind may gather, secure, and use your personal information. Your continued use of darlingstateofmind.com constitutes your agreement to and acceptance of the Privacy Policy and any changes to it.