Privacy and Cookie Policy

PRIVACY AND COOKIE POLICY

Effective date: July 19, 2023

Getjackblack.ca (the “Website”) is operated by Prestilux Inc. with the authorization of Jack Black, LLC located at 551 Southwestern Blvd Suite 100, Coppell, TX 75019, on behalf of itself and its parent, and each of its affiliates (collectively, “Prestilux”, “we”, “us” and “our”), and is hosted on the e-commerce platform Shopify Inc. (“Shopify”). This Privacy and Cookie Policy (the “Policy”) describes how Prestilux collects, uses, hosts, secures and/or discloses the personal information you provide to us when you visit the Website, make a purchase from the Website, or otherwise submit personal information to Prestilux through the Website. The way we handle your personal information may change over time and we will therefore update this Policy from time to time to reflect any changes in practice, as explained below.

1. WHAT IS “Personal Information”?

For the purposes of this Policy, we refer to “Personal Information” as information about an identifiable individual, including information that can be used alone or with other information to identify, contact or locate an individual. In general, Personal Information does not include business contact information, such as your name, title, or business contact information.

2. WHAT PERSONAL INFORMATION DO WE COLLECT?

The Personal Information we collect may include, but is not limited to:

Your contact information such as your first and last names, billing address, shipping address, payment information (including credit card numbers, credit card security numbers, credit card expiration dates and/or other payment details provided by Shop Pay or Shopify), email address and telephone number in order to identify you, provide products and services to you and correspond with you;

Your login information, such as your first and last name, email address and password;

Marketing information and communication preferences, as well as your comments or survey responses;

Any other Personal Information you provide to us.

2. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

Directly to you

Generally, we collect the Personal Information we need directly from you, for example, when you use the Website or communicate with us. We may also collect information relating to your use of the Website, including technical information about your visits, average length of visits, action taken on the Website or other information collected through cookies or similar technologies. For more information in this regard, we invite you to read the “Cookies” section.

With your consent

We generally collect your Personal Information with your consent, unless applicable law provides an exception to this principle (for example, to comply with our legal obligations, when necessary to establish, exercise or defend a legal claim or proceeding).

Refusal of collection and withdrawal of your consent

You have the right, if you wish, to refuse the processing of your Personal Information. You may also, at any time, and subject to reasonable notice and any applicable legal or contractual restrictions, withdraw your consent (if any) to the processing of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide us with your Personal Information, this may prevent you from, for example, using the Website, as this information is essential to such use. You may contact us as indicated in the “Contact Us” section for any questions regarding this matter.

3. WHY DO WE COLLECT YOUR PERSONAL INFORMATION?

For specific and limited purposes

Prestilux generally collects your Personal Information for:

Establishing and managing our relationship with you;
Creating and managing your account (if applicable);
Providing and maintaining the products or services namely accessing the Website, purchasing products, processing orders and arranging for delivery of products, and other actions in connection with your purchase;
Contacting you to provide customer support;
Responding to your information requests;
Reviewing orders for potential risk or fraud; and
Providing an optimized website experience

(collectively, the “Purposes”).

To send you messages

If you have consented to receive such information, Prestilux may send you newsletters, electronic messages such as emails or text messages, news, updates, contests, special offers and/or other written communications (collectively, the “Messages”) about Prestilux’s services and/or the products and/or services of its partners. You may opt-out of receiving Messages in the manner indicated in the “Contact Us” section or through the unsubscribe link included in the Messages. However, Prestilux may continue to send you Messages to inform you of available upgrades or critical technical issues related to the Website and the products you have requested or purchased, or to provide you with important account information (if any).

For secondary purposes

Prestilux may also aggregate and anonymize the Personal Information you have provided to create statistical data that Prestilux may use to improve the Website, examine purchasing patterns and user interests, or train machine learning algorithms. Prestilux may also share this information with its third-party partners. This statistical data does not include Personal Information.

4. WITH WHOM DO WE SHARE your Personal Information?

Prestilux does not rent or sell any of your Personal Information to third parties and will not share it with third parties without your consent, unless required by law or for the reasons set out below.

With our employees

In the course of their work, our employees may need to access your Personal Information, for example, when you contact us or request assistance. Their access is limited to what is necessary to perform their duties.

With our strategic partners

Prestilux may share your Personal Information with its partners to facilitate its activities, such as Parlux, developers, payment and hosting service providers. As part of these activities, these partners may have access to your Personal Information for use for a limited time. Where Prestilux engages third parties to process any Personal Information, Prestilux endeavours to implement commercially reasonable contractual and technical protections to ensure that such third parties keep all Personal Information they process strictly confidential. Please note that these third parties may not be located in your geographic location. In such cases, Prestilux takes commercially reasonable steps, as described below in the “Where is your Personal Information hosted and transferred” section.

Where required by applicable law

We may also share your Personal Information with third parties if necessary to comply with applicable laws and regulations or if we believe in good faith that such action is necessary to: (i) comply with the law; (ii) comply with an order of a competent judicial authority in any jurisdiction; (iii) comply with the legal process served on Prestilux; (iv) protect and defend the rights or property of Prestilux; (v) enforce or verify your compliance with any agreement you have entered into with Prestilux, if any; (vi) prevent fraud or other illegal activity perpetrated through the Website; or (vii) act in urgent circumstances to protect the personal safety of users of the Website or the general public.

When transferring a business

We may share your Personal Information without your permission when our operations require it (for example, in the event of a merger, acquisition, bankruptcy or asset sale). In such circumstances, we may also share some or all of your Personal Information with the relevant third-party (or its advisors) for purposes of a due diligence process.

For other purposes, with your consent

When you have expressly consented to it, your Personal Information may be shared with other third parties. For example, there may be specific instances where additional conditions apply and through these, we make it clear that specific third parties are processing your Personal Information.

5. Third-party services and platforms

We may include links on the Website to third-party sites or services that we do not control, for example, if you use an embedded feature of Google or social networks (Facebook, Twitter, Instagram, etc.). These third parties may share certain information about you with us. Your activities on the Website may be displayed on social networking platforms. If you click on any of these links, you will be directed to sites that we do not control. Please read the privacy policies of those sites, applications or platforms that may collect Personal Information to understand their privacy policies and Personal Information collection practices. This Policy applies only to Personal Information processed by or on behalf of Prestilux.

6. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

Personal Information will be retained only as long as necessary for the fulfillment of the Purposes or as required by law. At the end of this period, we endeavour to destroy or anonymize such information. In determining the appropriate retention period for your Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the Purposes for which we are processing your Personal Information and the possibility of achieving those Purposes by other means, as well as applicable legal, regulatory, tax, accounting or other requirements. If you would like more information about these matters, please contact us.

7. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

With necessary and appropriate measures

Prestilux has security measures in place to protect your Personal Information. The standard security measures we use depend on the type of information collected. However, Prestilux uses electronic, physical and procedural safeguards, such as restricting access to platforms, computer equipment and physical premises, to protect your Personal Information. We encourage you to exercise caution when using the Internet.

Children’s privacy

The Website is not intended for persons under the age of 16. We do not intentionally collect Personal Information from children under the age of 16. If you are the parent or guardian of a minor and believe that your child has provided us with Personal Information, please contact our customer support team as set forth in the “Contact Us” section to request deletion of such information. If you choose to provide us with Personal Information through the Website, you represent that you are 16 years of age or older.

8. HOW DO WE USE COOKIES?

A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service and saves a small amount of information when you visit our Website. Other tracking technologies, such as web beacons, log files, tags and tracking pixels may be used for similar purposes. In this Policy, all such tracking technologies are collectively referred to as “Cookie(s)”. Any Personal Information collected using Cookies by or on behalf of Prestilux is treated with the same level of confidentiality as any other Personal Information collected by or on behalf of Prestilux.

Strictly necessary cookies

These Cookies are necessary for the operation of the Website and cannot be disabled in our systems. Strictly necessary Cookies must be present in order for the Website to perform basic functions and may include logging in, adding items to a shopping cart or electronic billing. In particular, they allow a user to navigate from one page to another without losing previous actions in the same session. We use the following strictly necessary Cookies on the Website:

Name	Function
_ab	Used in connection with access to the admin
_secure_session_id	Used in connection with the navigation through a storefront.
cart	Used in connection with the shopping cart
cart_sig	Used in connection with checkout
cart_ts	Used in connection with checkout
checkout_token	Used in connection with checkout
secret	Used in connection with checkout
secure_customer_sig	Used in connection with customer login
storefront_digest	Used in connection with customer login

To store browser details

datr

To provide fraud prevention

_shopify_u

Used to facilitate updating customer account information

Non-essential cookies

If you have consented to their use, Prestilux and/or its third-party partners may also use non-essential Cookies in connection with the Website and the Messages:

Functionality Cookies: These cookies are not essential to the provision of our services. They allow us to personalize and improve the user experience. For example, if you have consented to their use, these Cookies will store your communication preferences. We use the following functionality Cookies on the Website:

Name	Function
tracking_consent	Tracking preferences
_landing_page	Track landing pages
_orig_referrer	Track landing pages

Analytical Cookies: We may use Analytical Cookies to better understand traffic patterns on the Website, to help us measure and improve the effectiveness of our services and Messages, and to determine whether those Messages have been opened and links clicked on. These Cookies are used for statistical purposes only. All information that these Cookies collect is aggregated and anonymous. To refuse to be tracked by Google Analytics, please visit this module: https://tools.google.com/dlpage/gaoptout?hl=en. You may also refuse the use of Analytical Cookies by following the instructions below. We use the following analytical Cookies:

Name

Function

Shopify analytics

_shopify_fs

Shopify analytics

_shopify_s

Shopify analytics

_shopify_sa_p

Shopify analytics relating to marketing and referral

_shopify_sa_t

Shopify analytics relating to marketing and referral

_shopify_y

Shopify analytics

_ga

Registers a unique ID that is used to generate statistical data on how the visitor uses the Website

gid

Registers a unique ID that is used to generate statistical data on how the visitor uses the Website

_gid

To store and count pageviews

_orig_referrer

Track landing pages

Social media Cookies. If you have consented, we use social media Cookies such as the Facebook Pixel to provide you with personalized offers, to measure, optimize and build audiences for advertising campaigns delivered on social media platforms. The Website may also use Cookies for sharing content with social media (such as Facebook and Pinterest). Use of the sharing buttons will set a Cookie to link content viewed on our Website to your user account with these networks, if applicable. We use the following social media Cookies:

Name

Function

_fbp

Facebook Pixel Cookie

_pin_unauth

Cookie which groups actions for users who cannot be identified by Pinterest

Advertising Cookies. If you have consented to their use, we use advertising Cookies to collect information about your devices in order to display ads based on relevant topics that may be of interest to you. In addition, our partners may use these Cookies to determine whether our advertisements were displayed to you and whether you interacted with them. In this case, our partners share data with us, including statistics about the performance of our ads. If you would like more information on how to manage and/or disable advertising cookies, visit http://www.youronlinechoices.com/.Vous. You may also opt-out of the use of these Cookies by following the instructions listed below. We use the following Advertising Cookies:

Name

Function

__kla_id

This Cookie is used to collect information on the visitor’s behavior. This information will be stored for internal use on the Website – internal analytics is used to optimize the Website or to register if the visitor has subscribed to a newsletter.

__adroll_fpc

Used to identify the visitor across visits and devices. This allows the Website to present the visitor with relevant advertisement - The service is provided by third-party advertisement hubs, which facilitate real-time bidding for advertisers.

To provide ad delivery or retargeting.

__Ar_V4

Google DoubleClick to store and track conversions

_gcl_au

To store and track conversions

geolocation_popup_status

Use for location tracking

Deactivation of Cookies to which you have consented

With the exception of strictly necessary Cookies, we will only place Cookies on your devices with your consent, and these Cookies will be retained for a maximum period of thirteen (13) months from the time they are placed on your devices. At the end of this period, your consent will again be required.

You can control and manage Cookies by changing the settings on your browser or device. For details on how to configure your browser, please see the Help Center for Chrome, Safari, Firefox, Internet Explorer, Edge or Opera. Social Media Cookies can also be managed by checking the policies of the following social media:

Facebook: https://www.facebook.com/policies/cookies/
Pinterest: https://policy.pinterest.com/fr/cookies

However, if you reject Cookies, you may not be able to use all the features of the Website and Messages, and you will still receive advertisements, but they will not be as personalized. If you would like more information on how to manage and/or disable Non-Essential Cookies, please visit https://allaboutcookies.org/ and https://optout.aboutads.info/?c=2&lang=EN.

9. HOW DO WE OFFER ONLINE ADVERTISING?

Through Cookies or mobile advertising identifiers

As described above, we use your Personal Information to provide you with targeted advertisements or Messages that we believe may be of interest to you, including advertisements for particular services, and products. We share with our advertising partners information about your use of the Website, your purchases, and your interaction with our advertisements on other websites. This Personal Information is collected using Social Media Cookies and/or Advertising Cookies, as described above in the “Cookies” section. Some of this Personal Information will be shared directly with our advertising partners.

Based on your preferences on your mobile devices, Prestilux and its advertising partners may also use your mobile advertising ID to target and measure the effectiveness of their advertising campaigns. In iOS, this identifier is called “IDFA” (ID for Advertising); in Android (Google Play), this identifier is called “AAID” (Android Advertising ID). You can access and reset your mobile advertising ID or limit its use through the operating system settings of your mobile devices.

Under no circumstances will Prestilux allow advertising to children when it has actual knowledge that the user is under 13 years of age. To learn more about Prestilux’s advertising practices, please contact Prestilux as indicated in the “Contact Us” section.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. In addition, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s Opt-Out Portal at http://optout.aboutads.info/.

“Do Not Track”

Internet browsers can transmit “Do Not Track” (“DNT”) signals that indicate that a user does not wish to have their activity tracked across time and different websites. Currently, there is no universally accepted standard for how to interpret these signals, although work to create a consensus is underway. Therefore, we do not respond to these DNT signals.

10. WHERE IS YOUR PERSONAL INFORMATION HELD AND TRANSFERRED?

Your Personal Information may be held by Prestilux in locations other than your province or territory of residence, including in Quebec, Ontario, and the United States. Prestilux may also outsource the processing of your Personal Information or share it with third parties located elsewhere, including in locations other than your province or territory of residence. In such cases, Prestilux will ensure that your Personal Information is adequately protected by appropriate technical, organizational, contractual, or other legal means. If you would like more information about these security measures, please contact us.

11. WHAT ARE YOUR RIGHTS?

Under applicable law, you have various rights such as the right to access and rectify your Personal Information, the right to withdraw your consent (if any), the right to de-index your Personal Information, as well as the right to data portability, i.e., the right to receive a copy of any Personal Information that Prestilux holds about you in a structured, commonly used and machine-readable format. To exercise any of these rights (to the extent they are available), please contact us as set out in the “Contact Us” section.

12. Policy Change

Prestilux may, at its discretion, update, review, modify or supplement this Policy from time to time to reflect changes in its practices or for other operational, legal or regulatory reasons. If material changes are made to the Policy, you will be notified when you visit the Website and/or we will send you a link to the new version of the Policy. The Policy and any related documents, if any, will be posted on our Website. Prestilux asks its users to review and accept the revised Policy before continuing to use the Website.

13. Contact us

For more information about our privacy practices, if you wish to send a comment, if you have any questions, if you wish to file a complaint or exercise any of the rights available to you under applicable law, please contact our team through the “Contact Us” link on the Website or contact our Data Protection Officer as follows:

Data Protection Officer:

Address: 3537 Le Corbusier boul., Laval (Quebec), H7L 4Z4, Canada
Phone number: 450-963-5096
Email address: esalvo@prestilux.com