Welcome! This Privacy Notice is intended to explain what types of information we at ELOQUII Design, Inc. ("ELOQUII") collect about you, and how we use and disclose that information. One section of this Privacy Notice also addresses what happens with information we collect on our pages on social media sites, such as Facebook, Twitter, Instagram, Pinterest, Tumblr, Pose, and YouTube ("Social Media Pages"). This Privacy Notice applies only to the information collected online at www.ELOQUII.com (the "Site") and the Social Media Pages, as well as information collected by us offline.
We last updated our Privacy Notice on January 1, 2023.
Updates Include:
• Updated California Privacy Rights section
• Addition of Virginia Privacy Rights
• Revised disclosures about the categories of personal information we may collect
• Revised disclosures about how we collect information
• Revised disclosures about how we use your information
• Added disclosures about how long we keep your information and how we protect it
• Clarified our practices about links to other websites
1. Categories of Personal Information:
We may collect or receive the following categories of personal information (referred to as “Personal Information” throughout this Privacy Notice). Not all categories may be collected or received about every individual:
• Identifiers: Personal identifiers, such as name, telephone number, physical address, email address, government-issued identifiers (e.g., national identification numbers, driver’s license numbers), and signatures
• Device Information and Online Activity: Device and online identifiers, account login information, keystroke patterns indicative of human or bot website/app usage, mobile and web network activity and related information (such as Mac address, IP address, cookie IDs, browser activity, and other information associated with your browsing history), and social media information
• Commercial Information: Purchase and transaction history information (such as products or services you have purchased, rented, or returned), health and safety-related information, product testimonials, travel and vacation information, and competition entries
• Communications: Communication details (such as the content of emails, text messages, or other communications), call logs, and calendar information where we are a party to the exchange
• Demographic Information: Demographic information, such as age (including information about children under the age of 13 with respect to certain purchases and services (e.g., tobacco purchases), gender, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information, family health, number of children, number of cars owned, and software or virtual assets owned
• Financial Information: Financial information, such as credit or debit card numbers, financial account numbers, and claims information
• Biometric Information: Biometric information, such as voice prints, imagery of the iris or retina, face geometry, and palm prints or fingerprints
• Geolocation: Location information, such as geolocation information
• Sensory Information: Audio, visual information, and other sensory information such as photographs and audio and video recordings
• Background Information: Background and criminal information, such as background checks and criminal convictions
• Inferences: Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors, intelligence, and aptitudes
2. Collection of Personal Information:
We collect information from you in a variety of ways. It may be:
- Provided directly by you or a member of your household
- Collected from a device associated with you or your household
- Collected from an external third-party source
- Collected from another company within our family of companies
- Collected from another solution or asset
- Collected from other sources, when it is appropriate, to help us correct or supplement our records, improve the quality or personalization of our services, increase the appeal and relevance of advertising, and to prevent or detect fraud
a. Information Provided Directly by You or a Member of Your Household
We may ask you to provide personal information when you establish or update an Account on the Site, sign up to receive emails from ELOQUII or other marketing materials, make a purchase, contact customer support, create or update your wish list, send items to a friend, view your order history, participate in contests and surveys, or contact us.
b. Information Collected From a Device Associated With You or Your Household
When you visit our Site, we and third parties that provide functionality on the Site may engage, receive and record information about how you use and interact with the Site. This information is referred to in this Privacy Notice as "Navigational Information" and allows us to see which areas of the Site are most visited and helps us better understand our visitors' experiences at the Site. Navigational Information and Personal Information are collectively referred to as “Information” in this Privacy Notice.
We and service providers who provide services to our Site collect Navigational Information from technology such as Cookies and Web Beacons. Cookies are small text files that help us to personalize the content of the Site. Web Beacons are electronic files used to track your navigation on a website or collection of sites, the completion of transactions, submittal of applications and browsing behavior. We use cookies and other tracking technology to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about the Site’s traffic and interaction so that we can offer better experiences and tools in the future. We may also use these technologies to provide you with enhanced online display advertising tailored to your interests. We do not monitor, recognize, or honor any do not track mechanisms, including general web browser “Do Not Track” settings and/or signals, except as described below.
We may contract with service providers to assist us in better understanding visitors to the Site. These service providers are permitted to use the information collected on our behalf to help us conduct and improve our business and to provide fraud prevention services. If you prefer, you can choose to turn off some cookies via your browser settings. However, if you turn your cookies off, some features of the Site may not function properly. To learn more or to choose to opt-out of certain interest-based advertising, please visit the Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.
c. Information We Collect from External Third-Party Sources
We also may receive information from other sources, such as our affiliates, parent companies, subsidiaries, joint ventures or other companies under common control with us, or from publicly available databases, or joint marketing partners.
What type of Information does ELOQUII collect on its Social Media Pages?
Personal Information may be collected directly by us through our Social Media Pages and may also be collected by the social media sites hosting our Social Media Pages (each, a "Social Media Site"). We will use and disclose the Personal Information we collect on through our Social Media Pages in the manner specified below in How does ELOQUII use your information? and in What information does ELOQUII disclose?
This Privacy Notice does not cover Personal Information collected by any Social Media Site or the privacy and security practices of any Social Media Site. Please review privacy policies and terms of service on the applicable Social Media Site, if you have any questions about their privacy or security practices.
The Social Media Sites may provide aggregate information and analysis to us about visitors' use of our Social Media Pages. This allows us to better understand and analyze our user growth, general demographic information about the users of our Social Media Pages, and interaction with content on our Social Media Pages. Overall, this information may be used to help us understand the types of visitors and users of our Social Media Pages and use of the content.
We use your Information to:
- Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services
- Providing advertising and marketing services, including targeted advertising
- To conduct auditing and monitoring of transactions and engagement, including auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
- Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us
- Helping to ensure security and integrity and prevent fraud
- Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them
- Debugging to identify and repair errors
- To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
- To conduct research and development, including undertaking internal research for technological development and demonstration
- To fulfill our legal function or obligations
We may use sensitive personal information for each of the purposes described above and to make inferences about customers, which we may use to promote certain products or services.
To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.
If you have set up an Account at the Site, you may save Personal Information in that Account, and we will access this Personal Information to make your shopping quicker and easier. We require you to create and/or access your Account to use various features of the Site, such as accessing your order history and creating a wish list.
With respect to emails, we will use your Personal Information to send you exclusive information about special offers, media events, new products and much more. If at any time you would like to stop future delivery of emails from us, please follow the removal instructions located at the end of each message. Please note, however, that your request not to receive email information will not preclude us from contacting you by email or otherwise regarding questions we have about your purchase and other operational emails, such as shipping information.
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about special offers, new products and more. You may opt out of receiving text messages at any time by texting STOP to 33233. For more information about text messages, see our Terms and Conditions.
We use the Personal Information collected on our Social Media Pages to send communications regarding our products, services, and promotions; to respond to your inquiries; to conduct surveys, sweepstakes or contests; to analyze your activity on our Social Media Pages and to develop our products and services.
We may anonymize and aggregate data collected through the Site and use it for any purpose. Such information does not identify you individually.
All of the categories of personal information that we collect may be disclosed to other companies, including those within our corporate family, for a business purpose.
Service Providers. We may use service providers to assist us with the Site and our e-commerce business. Some examples of the assistance that may be provided by service providers are: monitoring and analyzing Site activity, operations and marketing assistance, hosting the Site, assisting us with our Social Media Pages, processing orders, running promotions and events and surveys, maintaining our database, processing employment applications, providing fraud prevention services and administering and monitoring emails. It is possible that some of these service providers will be located outside of the United States. We will disclose your Information with these service providers only as necessary for them to perform their functions and to the extent permitted by law.
Family of companies. We may disclose your personal information to other brands and businesses within the Walmart corporate family. When we do, the information will be used in ways that are consistent with this Notice.
Cooperative Databases. In connection with the distribution of our print catalogs and other marketing materials, we participate in cooperative data sharing databases. The participants of these databases provide customer names, mailing addresses and information about their customers’ purchasing history to the database vendor which allows the database participants to segment and/or obtain access to potentially interested parties to which they may wish to target their own promotions. If you do not wish to have your name, email address and mailing address released to these cooperative databases, you can opt-out by sending an email to marketing@ELOQUII.com.
Email Referrals. When you send an email from the Site to a friend, we will send the recipient of the email your email address, message, and your selected outfit or item(s). We may include an opportunity for the recipient to sign up to receive promotional materials from us.
Business Transactions. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, financing due diligence, bankruptcy, receivership sale of assets, dissolution, transition of service to another provider, or similar event, some or all of the Information may be part of the transferred assets.
Legal Requirements. To the extent permitted by law, we may also disclose Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of us or others.
Deidentified & Aggregated Personal Information. We continually strive to make customer shopping experiences more relevant and with less friction and may offer related services and insights to our suppliers and others. As a result, we may disclose to others insights that combine information from many customers in ways that do not directly identify you. For example, we may combine your shopping history with that of other customers to deliver generalized insights to our suppliers. These insights do not identify individual customers. This information helps our suppliers provide products and services relevant to our customers. We may receive payment for these insights.
To deliver information about products and services that may be of interest to you, we may disclose information to other companies, such as publishers, advertisers and measurement analytics providers. For example, we may disclose device-related data (such as device identifier, type of device, IP address, cookies and other information associated with your browsing and app usage) and individual preferences and characteristics (such as insights and inferences related to shopping patterns and behaviors). This information does not identify you directly, but is necessary to personalize the advertisements you receive. We do not receive payment for this information.
We also allow companies that show advertisements on our webpages or our apps to collect information from your browsers or devices via the use of cookies or other technologies. Other companies' use of cookies and other data collection technologies are subject to their own privacy policies, not this one. Like many companies, we may allow cookie matching with select partners. However, these parties are not authorized to access information from our cookies. For more information about your choices related to advertising activities see “What are Your Choices?”
Categories of Personal Information We Disclose to Each Type of Third Party:
We may disclose your personal information to certain categories of third parties, as described below.
Types of Third Parties to Which the Personal Information Was Disclosed for a Business Purpose
Categories of Personal Information Disclosed for a Business Purpose
Those we are legally required to disclose to
Audio, visual, and other sensory information
Characteristics of protected classifications under state or federal law
Demographic information
Device and online identifiers and related information
Education information
Employment information
Financial information
Individual preferences and characteristics
Internet, application, and network activity
Location information
Personal identifiers
Purchase history information
Service providers that receive data in order to provide services to us (e.g. technology providers, cloud storage providers, etc.)
Audio, visual, and other sensory information
Device and online identifiers and related information
Employment information
Financial information
Individual preferences and characteristics
Internet, application, and network activity
Location information
Personal identifiers
Purchase history information
Virginia Consumer Data Protection Act:
Virginia residents can exercise the following rights by going to the footer of our website or settings section of our app and selecting the “Request My Personal Information” link:
1. Request to Access My Personal Information
2. Delete My Personal Information
3. Correct My Personal Information
Virginia residents can exercise the following rights by going to the footer of our website or settings section of our app and selecting the “Request My Personal Information” link:
1. Opt Out of the Processing of My Personal Information for Purposes of Targeted Advertising
If we decline to take action on one of your rights as a Virginia resident, you can submit an appeal by going to our privacy request page.
California Consumer Privacy Act:
This California section uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations.
We may sell or share personal information with third parties for various purposes including cross-context behavioral advertising or sharing among Walmart-affiliated entities. These kinds of disclosures may be deemed selling or sharing personal information under California law and you have the right to opt out of these disclosures. We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this Notice) the following categories of personal information to the following categories of third parties:
Category of Personal Information Sold or Shared
Category of Third-Party Recipient
Identifiers
Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)
Device Information and Online Activity
Business partners that receive data for their own independent use and not to provide services to a Walmart entity
Demographic Information
Business partners that receive data for their own independent use and not to provide services to a Walmart entity; Service providers that receive data to provide services to a Walmart entity (e.g., analytics providers, advertising networks, cloud storage providers, etc.); Business partners
Geolocation
Business partners that receive data for their own independent use and not to provide services to a Walmart entity
Inferences
Business partners that receive data for their own independent use and not to provide services to a Walmart entity; Service providers that receive data to provide services to a Walmart entity (e.g., analytics providers, cloud storage providers, etc.); Business partners
We do not knowingly sell or share (for cross-context behavioral advertising) the personal information of consumers under 16 years of age. For more information about treatment of children’s personal information, see the Children’s Privacy section above.
If you are a California resident, you can make certain requests regarding your personal information, and we will fulfill each request to the extent required by law. If we are unable to comply with your request in whole or in part, we will notify you with reasons for the denial.
As stated in more detail below, you can request that we:
1. Provide you with access to a copy of and certain details regarding the personal information we have about you.
2. Delete your personal information.
3. Stop selling your personal information or sharing your personal information for cross-context behavioral advertising.
4. Correct your inaccurate personal information.
5. Limit the use or disclosure of your sensitive personal information (SPI).
To exercise any of these privacy rights, call 1-844-693-5678, press one, and say, “I’d like to exercise my privacy rights.” Or follow the instructions below specific to the type of request.
1. Request to Access My Personal Information: You have the right to request access to the personal information we may have collected about you. To access your personal information, click “Request My Personal Information.”
Requests to access your personal information may be submitted up to two times in a rolling twelve-month period. In response, we will return to you the following categories of information, to the extent required by law:
• The categories of personal information we have collected about you.
• The categories of sources from which we collect your personal information.
• The business or commercial purpose for collecting, selling, or sharing your personal information.
• The categories of third parties to whom we disclose personal information.
• The specific pieces of personal information we have collected about you.
• A list of categories of personal information that we have sold or shared for cross-context behavioral advertising, along with the categories of third parties we sold it to or shared it with for cross-context behavioral advertising.
• A list of categories of personal information that we have disclosed for a business purpose, along with the categories of third parties we disclosed it to.
2. Delete My Personal Information: You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct our service providers to do the same. Choosing to delete your personal information may impact your ability to use our websites and online features, including closure of your online account, and limit your use of in-store functions that require your personal information. To delete your personal information, click “Request My Personal Information.”
3. Stop Selling or Sharing My Personal Information: You have the right to opt-out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising and can request that we stop by clicking “My Privacy Choices” or by using the Global Privacy Control as described below.
Your opt-out request may be processed differently depending on whether you are logged into your account. If you are logged in, your preference will be associated with your account, and the device on which you exercised your choice. When you log in from another device or browser, it too will be automatically opted out. If you are not logged into your account, your request will only be associated with that one browser. We also support your use of the Global Privacy Control (GPC). If you notify us of your privacy preferences through GPC, we will honor your request with respect to the browser or device that sends us the GPC signal, and when you login to your account from that device, the opt-out will extend to your account, as well.
If you change your preference from opt-in to opt-out, you may be asked to confirm your preference prior to it taking effect. After opting out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising, you may still receive ads from us, however they will not be tailored to you.
4. Correct My Personal Information: You have the right to ask that we correct the personal information we may have collected about you if that information is inaccurate. We reserve the right to request identifying documentation from you in certain circumstances, as permitted by law. To correct your personal information, click “Request My Personal Information.”
5. Limit the Use and Disclosure of SPI: You have the right to ask that we limit our use and disclosure of your SPI to certain purposes permitted by law and can do so by clicking “My Privacy Choices.”
We will not discriminate against you for exercising your rights. We will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Some programs or membership services require usage of personal information to function, so compliance with your request may impact those experiences.
How Do We Verify Your Identity to Complete Your Access, Correction and Deletion Requests:
If you request access to, or the correction or deletion of, your personal information we will verify your identity before disclosing the requested information. To do so, we may ask that you log into your account or provide us with your:
• First name*, Middle initial, Last name*
• Address*
• Email address
• Phone number
*Required field
When you make a request, you will be asked to answer a few questions about yourself to help us verify your identity. Third-party identification services may help us with verification to prevent disclosure of your personal information resulting from fraudulent requests. You may be asked to log into your online account and complete a one-time passcode validation. In the event more documentation is necessary to verify your identity, we will notify you directly.
What If You Can’t Verify My Identity?
If we can’t verify your identity, we will notify you, and your request(s) to access, request, or delete your personal information may not be processed. Any requests may be denied if we have reason to believe they are fraudulent.
How Do I Submit a Request Using an Authorized Agent?
If you’d like an authorized agent to exercise your rights for you, they may use the same links described above to submit requests. We require documentation demonstrating your agent’s authority to submit requests on your behalf. For example, a valid power of attorney or other documentation, including a letter, signed by you (the California resident) authorizing the agent to submit your requests. You can download a sample letter from the request form. Documentation may be uploaded at the time you submit your request on our website or provided to us up to 10 business days after. If you submit your request by calling, you can email your forms to consumerprivacy@wal-mart.com.
Number of Requests Received in 2022
To view metrics about our privacy requests, click How Many California Consumer Privacy Act Requests Did We Fulfill Last Year?.
Shine the Light
California residents also have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. To exercise this right, contact us at the address provided in the Questions or Concerns section below.
Notice of Financial Incentive
If we provide a financial incentive, we will provide you with the details, including how the incentive is related to your data before you participate so that you may make an informed decision about whether and how to participate. In the event you decide to take advantage of a financial incentive, you will always have the right to withdraw from participation and we will provide you with directions on how to do so.
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 information to the United States and processing globally. By using the Site and/or providing us with any Information, you consent to any transfer and processing in accordance with this Notice.
If you decide to make any personal information or other information, photos, or other content publicly available through features on the Site, you acknowledge and agree that this information and content is made available to all users of the Site and others, and that it is not subject to the terms of this Privacy Notice.
We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your Personal Information by logging in to your Account.
Our services are intended for users ages 13 and older. We will not knowingly collect or use any personal information from persons that we know to be under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.
We want to improve your online experience and make it easier to discover new products and services through our websites and mobile services. We may provide you with links to other online services (such as websites or social media platforms) and may include third-party features such as apps, tools, widgets, and plug ins. We may not own or control these linked online services or third-party features, and we are not responsible for the information practices of the third parties that have ownership or control over them. In some cases, these third parties operate independently from us, which means their privacy practices are not covered in this Notice. We recommend that you review their privacy statements to learn about these third parties' privacy practices, including details on the information they may collect about you.
We will keep the personal information we collect about you for as long as necessary to carry out the purposes set forth in this Privacy Notice or any other notice provided at the time of data collection, but no longer than as required or permitted under applicable law or internal policy. We dispose of the information we collect in accordance with our retention policies and procedures.
We use reasonable information security measures, including physical, administrative, and technical safeguards.
Please check our Privacy Notice periodically for changes. We will provide additional notice of significant updates. We will post the date our Notice was last updated at the top of the Privacy Notice.
If you have additional questions or would like more information regarding our information collection, use of disclosure practices, please feel free to contact us at:
ELOQUII Design, Inc.
250 Hudson St, 4th Floor
New York, NY 10013
operations@eloquii.com
