Privacy Policy

Effective Date: September 8, 2020

Updated On: July 21, 2023

Draper James, LLC (“Draper James”, “we”, “our”, “us”) and its subsidiary and affiliate companies respect the privacy rights of its visitors (“you”, “your”, “yours”) online and at our stores (collectively, the “Site”) and recognize the importance of protecting the information collected about them. This Privacy Policy addresses the use and disclosure of personal information we collect from you.

By visiting this Site, or providing your information to us, you are accepting the practices described in this Privacy Policy and Terms of Use.

Please exit this Site immediately if you do not accept this Privacy Policy or are accessing the Site in a country or other territory where use of the Site is not permitted.

NOTICE AT COLLECTION

We may collect or process various categories of personal information. The section directly below titled “Personal Information Collection, Use, Sources and Sharing” contains information on the categories of personal information collected and/or whether we sell or share personal information. As an overview, we collect identifiers, personal information categories contained in customer records, characteristics of protected classifications, commercial information, professional or employment-related information, education information, internet, technical, or other similar electronic network activity information, sensitive personal information, and inferences drawn from other personal information. We may “sell” or “share” the following personal information as those terms are defined under applicable law: identifiers; personal information categories contained in customer records; commercial information; internet, technical, or other similar electronic network activity information; and inferences drawn from other personal information. We retain the information for as long as needed to meet the purpose(s) for which it was collected and in accordance with this Privacy Policy.

If you have a request regarding your information and would like to exercise your rights under applicable law, please contact us at customercare@draperjames.com. To exercise your right to ask that we do not sell, share, or use your personal information for targeted advertising or to limit the use of your sensitive personal information, please email customercare@draperjames.com.

 

PERSONAL INFORMATION COLLECTION, USE, SOURCES AND SHARING

Draper James collects and stores information from visitors to this Site, including those who register their information or who use the online store. To serve you better, we may combine information you give us with other information which is publicly available.

“Personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, device, or household. Below, we describe how we will handle your personal information in accordance with this Privacy Policy and describe the information we may have collected in the past 12 months below, how it may be used, shared, and the sources:

  • Identifiers, which may include name, address, online identifier or username, Internet Protocol address, or email address. These are sourced directly from you or indirectly from you (e.g., from observing your actions on the Site). They are used to fulfill or meet the reason you provided the information, to contact you in relation to our Site, to respond to an inquiry, for product and service improvement, to screen for potential risk or fraud, to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, to provide customer service, or marketing. For example, when you create an account, you provide your first and last name, email address, and other identifying information. We may sell, share, and disclose this information for business purposes such as analyzing and improving products and operations, securing and protecting our business, and advertising purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. We may sell, share, and disclose this information for commercial purposes such as providing support and products, personalizing content and experiences, and advertising, marketing, and professional purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Personal information categories contained in customer records, which may include name, address, telephone number, bank account number, credit card number, debit card number, or any other payment and financial information. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Site, to respond to an inquiry, to screen for potential risk or fraud, to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, to provide customer service, or marketing. For example, we need your payment information when you purchase products from us. We may sell, share, and disclose this information for business purposes such as analyzing and improving products and operations, securing and protecting our business, personalizing content and experiences, and advertising purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. We may share and disclose this information for commercial purposes such as providing support and products, personalizing content and experiences, and for advertising, marketing, and professional purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Characteristics of protected classifications, such as age or gender. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, marketing, or to provide relevant services. For example, we may use this information for targeted advertising. We do not sell, share, or disclose this information to third parties. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Commercial information, which may include records of services purchased, obtained, considered, or other purchasing or consuming histories or tendencies. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Site, to screen for potential risk or fraud, to respond to inquiries, to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, to provide customer service, or marketing. For example, we keep track of your purchases to create a purchase history. We may sell, share, and disclose this information for business purposes such as analyzing and improving products and operations, securing and protecting our business, personalizing content and experiences, and advertising purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. We share and disclose this information for commercial purposes such as providing support and products, personalizing content and experiences, and advertising, marketing, and professional purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Professional or employment-related information, such as employment history or professional certifications. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information or to process an employment application. For example, when you apply for a job with us, we ask for your relevant employment history. We do not sell or share this information. We disclose this information to service providers for business purposes, such as background check providers and human resource administrative service providers. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Education information, such as level of education completed or academic performance. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information or to process an employment application. For example, when you apply for a job with us, we ask for your education information. We do not share, sell, or disclose this information to third parties. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Internet, technical or other similar network activity, which may include usage and browsing history; IP address; device information, including device properties; search history; information on your interaction with our Site; and error logs. We source this information directly or indirectly from you (e.g., from observing your actions on our Site). We use this information to fulfill or meet the reason you provided the information, to screen for potential risk or fraud, or to improve our Site. We sell, share, and disclose this information for business purposes such as analyzing and improving products and operations, securing and protecting our business, personalizing content and experiences, and advertising purposes to administrative service providers, data analytics providers, internet service providers, advertising networks, data analytics providers, and social networks. We share and disclose this information for commercial purposes such as providing support and products, personalizing content and experiences, and advertising, marketing, and professional purposes to internet service providers, administrative service providers, payment processors, advertising networks, data analytics providers, and social networks. Please see our Cookie Policy for more information. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.
  • Sensitive Personal Information, which may include account log-in information. We only use this information for the purpose for which it was collected. We do not sell or share your account log-in information, though we may rely upon service provides to assist us with administering your account.
  • Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We source this information directly or indirectly from you, (e.g., from observing your actions on our Site). We use this information to fulfill or meet the reason you provided the information or for marketing. We do not  sell or disclose this information to third parties. We share this information for commercial purposes such as providing support and products, personalizing content and experiences, and advertising, marketing, and professional purposes. We retain this information for as long as needed to meet the purpose for processing and in accordance with this Privacy Policy.

Your decision to provide any personal information is voluntary. However, please note that, if you do not provide certain personal information, we may not be able to accomplish some purposes outlined in this Privacy Policy and you may not be able to use or access certain services on our Site. Review GDPR Preferences here.

COOKIES

Like many websites, we use “cookies”, which are files stored on your computer's hard drive by your browser. We use cookies to ascertain which web pages are visited and how often, to make our Site more user friendly, and to give you a better experience when you return to the Site. For example, cookies allow us to save your password so you do not have to re-enter it every time you visit our Site. Please see our Cookie Policy, for more information.

PRIVACY DISCLOSURES FOR SPECIFIC JURISDICTIONS

We process “personal data,” as that term is defined in the European Union’s General Data Protection Regulation (“GDPR”). If you are located in the EEA, the U.K., or Switzerland, you have the rights as outlined below. We will respond to any rights request in accordance with local legal regulations. If you wish to make a request regarding any of the below rights, please contact us through the methods provided at the end of the Privacy Policy.

Right of access

  • You have the right to access information about the categories of personal information we have collected about you. You may also request a copy of the personal information we have collected, and upon request, we will provide this information to you in electronic form or transfer it to a third party. Depending on your jurisdiction, you may request a list of our service providers who may receive your personal, information, including particular recipients in third countries or international organizations, where possible, the predicted period that the personal information will be stored, or, if not possible, the criteria used to determine that period, your rights, etc.

Right to rectification

  • You may have the right to rectify, correct, or complete your personal information if inaccurate or incomplete.

Right to erasure (‘right to be forgotten’)

  • You may have the right to the erasure of your personal information in certain circumstances. For examples, see below:
    • Your personal information is no longer necessary for the purposes for which it was processed
    • You withdraw your consent on which the processing is based, and we have no other legal ground for the processing
    • You object to the processing and there are no overriding legitimate grounds for the processing
    • Your personal information has been unlawfully processed
    • Your personal information has to be erased for compliance with a legal obligation to which we are subject
  • This right shall not apply to the extent that processing is necessary for the below purposes.
    • For exercising the right of freedom of expression and information
    • For compliance with a legal obligation which requires processing by a law to which we are subject
    • For the performance of a task carried out in the public interest
    • For the establishment, exercise or defense of our legal claims

Right to restriction of processing

  • You may have the right to restrict the processing for the below reasons:
    • You contest the accuracy of your personal information, for a period enabling us to verify the accuracy of the personal information
    • The processing is unlawful and you oppose the erasure of the personal information and request the restriction of their use
    • We no longer need the personal information for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims
    • You exercised your right to object to processing pending the verification whether our legitimate grounds override yours

Right to object to processing based on legitimate interests

  • You may have the right to object, on grounds relating to your particular situation, to processing of your personal information which is based on our legitimate interests. We will stop processing the personal information unless we have compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims. If personal information is processed for direct marketing purposes, including profiling, you may object at any time.

Right to obtain information about international data transfers

  • You have the right to obtain information about, and a copy of, the safeguards we use to transfer personal data across borders to third countries.

Right to lodge a complaint with a supervisory authority

  • We are committed to working with you in the event that you have a complaint of concern about privacy. If you need help lodging a complaint, you can contact us through the contact methods provided at the end of the Privacy Policy. You may also have the right to lodge a complaint with a supervisory authority. Contact details for data protection authorities are available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

 

LAWFUL BASES UPON WHICH WE PROCESS YOUR PERSONAL INFORMATION

We collect and use personal information when we have a lawful basis to do so, as follows:

  • At your direction and with your consent.
  • To fulfill contracts we might have with you.
  • For other legitimate business purposes.
  • To comply with a legal obligation.
  • To protect your vital interests or the vital interests of another natural person.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If there is any change in the purposes for which we collect your personal information, we will inform you of such change. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purposes, please contact us through the contact methods provided at the end of this Privacy Policy.

Your Privacy Rights: For Residents of California, Colorado, Connecticut, Utah, and Virginia

Depending on your U.S. state of residence, the rights available to you may differ in some respects. We will respond to any rights request in accordance with local legal regulations. If you wish to make a request regarding any of the below rights, please contact us.

Right of access/Right to know

  • Residents of California, Colorado, Connecticut, Utah, or Virginia may have the right to get confirmation about whether or not your personal information is being processed. If so, you have the right to access the specific pieces of personal information and other information, such as the purposes, the categories of personal information, the recipients (or categories of recipients) to whom the personal information have been or will be disclosed.  You may make such a request by contacting us at the information below. You also have the right to know if we have sold or disclosed your personal information. You may also request a copy of the personal information we have collected, and upon request, we will provide this information to you in electronic form.
  • Where feasible and permitted by law, we will provide a copy of the personal information we are processing. For any further copies, we may charge a reasonable fee based on administrative costs. If you make the request by electronic means, and unless otherwise requested, the information shall be provided in electronic form.

Right to correction or completion

  • Residents of California, Colorado, Connecticut or Virginia may have the right to rectify, correct, or complete your personal information if inaccurate or incomplete.

Right to data portability

  • Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to receive the personal information that you have given us, in a structured, commonly used and machine-readable format. You have the right to send that personal information to another controller, if the processing is based on consent pursuant or on a contract and is carried out by automated means.

Automated individual decision-making, including profiling

  • Residents of California, Colorado, Connecticut, or Virginia may have the right not to be subject to a decision based solely on automated processing, including profiling, except under certain exceptions under local law.

Right to withdraw consent

  • Where the processing of personal information is based on your consent, residents of California, Colorado, or Connecticut  may have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before withdrawal.

Right to anonymity

  • You may also have a right to request anonymity. This means that your personal information would not be collected or processed. If you choose to exercise this right, we may not be able to provide you with your requested goods or services.

 Right to opt out of the sale, sharing, and targeted advertising of your personal information.

  • Though we do not share your personal information with third parties for their direct marketing purposes, and we do not sell the personal information of children under 16 years old, residents of California, Colorado, Connecticut, Utah, or Virginia may have the right to opt-out of the selling and sharing of your personal information to third parties. Additionally, you may opt out of the use of your personal information for targeted advertising. To exercise this right, you may submit a request using the “Do Not Sell or Share My Personal Information” link and in the “Notice at Collection.”

Right to request deletion 

  • If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you also have a right to request that we delete your personal information under certain circumstances, subject to a number of exceptions.

Right to Consent and/or Limit the Use and Disclosure of your Sensitive Personal Information

  • Residents of California have the right to consent to and/or limit our use of your sensitive personal information to that which is necessary to perform services, provide the goods reasonably expected, or as authorized under applicable regulations. We do not use sensitive personal information beyond the purpose for which it was provided. To request further information in connection with this right, please contact us.

Right to not be discriminated against

  • Resident of California, Colorado, Connecticut, Utah, or Virginia have the right to not be discriminated against for exercising any of the rights afforded to them under applicable privacy laws. This includes not being discriminated against in connection with financial incentives, which we may offer from time to time See our Financial Incentives section below.

Whenever feasible for verification, we will match the identifying information provided by you to the personal information already maintained by us. If, however, we cannot verify your identity from the information already maintained by us, we may request additional information. Residents of California, Colorado, and Connecticut may designate an authorized agent to make a request on your behalf. Such authorized agent must have permission to submit requests on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response. Residents of Colorado, Connecticut, or Virginia can exercise their rights to appeal our refusal to act within a reasonable time by contacting us using the details set out in the “Contact Us” section below.

Financial Incentives

For reference, we may offer various financial incentives from time to time, primarily requesting your identifiers and contact information as part of an offer. The terms of the financial incentive, including the personal information requested in connection with the offer, will be provided at the time you sign up for the financial incentive. We have calculated the value of the financial incentive by using the expense related to the offer, and the value of your data is the value of the offer presented to you. You may withdraw from any of the financial incentives at any time following the instructions provided. For offers involving email, you may unsubscribe via the “unsubscribe” link in any marketing email you have received.

 

THE CALIFORNIA "SHINE THE LIGHT" LAW

If a company shares “personal information” (as defined in California’s “Shine the Light” law, Civil Code § 1798.83) with third parties for their direct marketing purposes (e.g., to send offers and information that may be of interest to you), California law requires either providing a mechanism by which consumers can obtain more information about such sharing over the prior calendar year, or providing a mechanism by which consumers can opt out of such sharing. We do not share your personal information with third parties for their direct marketing purposes.

NEVADA PRIVACY RIGHTS

Residents of the State of Nevada have the right to opt-out of the sale of certain pieces of their information to third parties.  Currently, we do not engage in such sales, as defined by Nevada law.  If you would like more information about our data sharing practices, you may contact us.

 

HOW WE RESPOND TO DO NOT TRACK SIGNALS

The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them. Currently, we do not recognize opt-out preference signals, such as the Global Privacy Control (available here), as a request to opt-out of the sale or sharing of your personal information in a frictionless manner. 

 

IS INFORMATION COLLECTED FROM CHILDREN?

This Site is not intended for or directed to anyone under the age of 16. We do not sell the personal information of consumers who are under 16 or ship any items ordered through this Site directly to anyone who we know to be under the age of 16, nor do we collect any personal information from anyone who we know to be under the age of 16. If you are under the age of 16, you should use this Site only with the involvement of a parent or guardian and should not submit any personal information to us. In the event that we learn that a person under the age of 16 has provided us with personal information, we will delete such personal information.

DOES DRAPER JAMES SHARE YOUR INFORMATION WITH OTHERS?

We do not share with others, or sell or rent to others, any personal information that you provide to us except with your consent or as described in this Privacy Policy. 

We may engage third party service providers to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Site evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third party service providers, but we authorize them to use this information only in connection with the services they perform.

In the unlikely event of a direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets, Draper James may disclose your personal information following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, the purchaser will abide by the terms and conditions of this Privacy Policy.

You should also be aware that we may disclose specific information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our Site or the public.

SECURITY

The security of your information is very important to us and we will only collect personal information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above. We use Secure Socket Layer (SSL) encryption technology to protect the security of your online order information. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.  

While we implement these and other security measures on our Site, please note that no data transmissions over the Internet can be guaranteed to be 100% secure. You play a role in protecting your information as well. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice via our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

CONSENT TO TRANSFER

Because we are a global company, the data that we collect from you may be transferred to, and stored at, a destination outside the United States. Data we collect may also be processed by staff operating outside the United States who work for us or for one of our suppliers or service providers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

If you are visiting our Site from a location outside of the U.S., your connection may be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our server and other internal systems located within the U.S. or otherwise as described above. You acknowledge you understand that by providing your personal information to us, your personal information (i) will be used for the uses identified above in accordance with this Privacy Policy, and (ii) may be transferred to the U.S. as indicated above, in accordance with applicable law. For example, where personal information is transferred from the European Economic Area to areas which have not been determined to have an adequate level of protection, we take measures designed to transfer the information in accordance with lawful requirements, such as standard contractual clauses. Please contact us for more information and to receive a copy of the standard contractual clauses we may utilize.

ACCURACY AND RETENTION

When you place an order or otherwise provide personal information through the Site, we will maintain your personal information for our records only for as long as necessary to fulfill the purpose for which it is collected, to resolve disputes, enforce our agreements, and in accordance with legal obligations.

If you are registered with Draper James on our Site and would like us to remove you from our list, please contact us at 1(800) 396-7703 or reach us via email at customercare@draperjames.com.

LINKS TO THIRD PARTY PAGES

We may provide links to other third party sites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. To better protect your privacy, we recommend that you review the privacy policy of any third party website you visit.

PUBLIC POSTING AREAS

Please note that any information you include in a message you post to any public posting area, such as on a social media platform, is available to anyone with Internet access. If you do not want people to know your email address, for example, do not include it in any message you post publicly.

PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

PRIVACY POLICY UPDATES

Changes to this Privacy Policy shall be effective when posted to the Site. In case of any material change to the Privacy Policy, we will notify you by providing prominent notice on the Site or by using the contact information you have on file with us. We will also revise the “Updated on” date at the top of this Privacy Policy.

CONTACT US

If you have any questions or concerns regarding this Privacy Policy or would like to exercise any rights you may have under applicable privacy laws, please contact us at customercare@draperjames.com, 1(800) 396-7703, or write to us at the following address: 

Draper James, LLC 
33 East 33rd Street, Suite 804
New York, NY 10016