Effective Date: February 1, 2021
Below you will find answers to the following frequently asked questions about how we collect, use and share your personal information:
- What is the personal information that we collect?
Depending on how you choose to interact with Lucy & Phyllis, we may collect personal information from you, for example your name, e-mail address, billing address, shipping address, phone number, credit card or bank account information, date of birth and other persistent identifiers that can be used to personally identify you. We may also collect other personal information regarding your interaction with Lucy & Phyllis Websites, Devices and Apps, including usage information, the items that you browse, purchase, download, read, watch and otherwise access, and your geographic location.
- Why do we collect personal information?
We collect your personal information in an effort to provide you with a superior customer experience and, as necessary, to administer our business. It allows us to provide you with easy access to our products and services, with a particular focus on the items and programs that may be of most interest to you. For more information as to why we collect personal information, please see the section below entitled: "How do we use your personal information?"
Your personal information also allows us to communicate with you about special offers, promotions, and other marketing programs and news that may be of interest to you. You always have the opportunity to unsubscribe from promotional emails by following the instructions included in each marketing email or by changing your preferences in your account. You may unsubscribe from mobile notifications by changing your settings in the Apps or on your Lucy & Phyllis or third party device.
- How do we collect your personal information?
(a) Information that you provide to us
However, there are a number of circumstances in which you may need to provide us with your personal information.
The most common of these circumstances include:
- Making a purchase or placing an order
- Creating an account or joining a Lucy & Phyllis Member Program
- Using Lucy & Phyllis Websites, Devices and Apps
- Contacting customer service
- Entering a sweepstakes or contest
- Interacting with social networking sites
- Signing up for promotional communications
For your convenience, we have provided a summary description of each of these circumstances below:
Making a purchase or placing an order
When you make a purchase or place an order online or purchase, download, rent or stream digital books, periodicals, and other digital content ("Digital Content"), you may need to submit personal information to us.
Creating an account or joining a Lucy & Phyllis Member Program
Using Lucy & Phyllis Websites, Devices and Apps
Lucy & Phyllis Websites, Devices, and Apps may provide you with the ability to enter (either directly, or by authorizing Lucy & Phyllis to access the information from a third party such as a social networking site or application) certain information such as your contacts, calendar entries or photos, or images you may submit to us to help us locate products for you.
Contacting Customer Service
When you contact customer service, we may ask you to provide, or confirm, personal information so that we can better serve you.
Entering a sweepstakes or contest
If you enter a sweepstakes or contest we offer, we may ask you to provide personal information so that we can consider your entry and, if you win, so that you may redeem your prize.
Interacting with social media sites
Our Devices and Apps may provide you with the ability to enter (directly, or by authorizing us to download the information from a third party such as a social media site or application) personal information such as contacts or lists of friends. These or related applications may also allow you to provide information directly to social media sites including information about your purchases, physical location, or comments.
Signing up for promotional communications
If you sign up to receive promotional communications or notifications from us, we may ask you to provide personal information so that we can provide these to you.
(b) Information automatically collected
There are circumstances in which we automatically receive and collect information from you. The most common sources of this information include:
- Web server logs
- Pixel tags or clear GIFs
- Third party web analytics services
- Targeted advertising
- Your Device or Apps you use
- Geolocation, including general and precise location information
- Social media sites
- Business partners, contractors, and other third parties
For your convenience, we have provided a summary description of each of these circumstances below:
Web server logs
When you visit a Lucy & Phyllis Website, our web servers may automatically log information that your browser sends us. For example, we may receive and collect: the name of the domain and host from which you access the Internet; the Internet Protocol (IP) address of the computer you are using; the date and time you access the Lucy & Phyllis Website; and the Internet address of the website from which you linked directly to the Lucy & Phyllis Website. We may also collect information regarding search queries run on the Lucy & Phyllis Website. We use this information to monitor the usage of the Lucy & Phyllis Websites and as necessary for our business.
Browsers are typically set to create cookies automatically. You can choose to have your browser notify you when cookies are being written to your computer or accessed, or you can disable cookies entirely.
Pixel tags or clear GIFs
We may use sensing technologies that use pixel tags or clear GIFs (which are also called web beacons). These technologies allow us to determine the effectiveness of our e-mail and advertising and marketing efforts. For this purpose, we tie the pixel tags and clear GIFs to personally identifiable information. We may also collect information regarding the links within such marketing materials that you click on and purchase statistics regarding items you buy following receipt of such marketing.
Third party web analytics services
We work with third party service providers, including but not limited to Adobe Analytics, Google Analytics, and Localytics to help us better understand how you use the Lucy & Phyllis Websites. These third party service providers will place cookies in your browser to collect information such as how you were referred to the Lucy & Phyllis Website, how you navigate around the Lucy & Phyllis Website, what you purchase and what traffic is driven by various marketing methods. This information will help us to better serve you and provide you with more personalized information and product offerings. We do not allow third party service providers to collect your credit card information, e-mail address, or password information. These third party service providers may only use your personal information to perform services for us and may not share your personal information with anyone else, or use it for any other purpose, except on an aggregated, non-personally identifiable basis.
Your Device or Apps you use
When you use a Device or our Apps, we automatically collect information through the Device or App when it is connected to the Internet. For example, we may receive and collect information concerning device registration, operating system, settings, usage, firmware version, signal strength, search queries, network interaction, the name of the network from which you access the Internet, the Internet Protocol (IP) address of the device you are using, unique device identifiers (UDIDs), downloads, sideloaded content, configuration, or service information relating to any malfunction of the Device or App. This may include information regarding your activity on such Devices or Apps, such as books opened, date and time of use, time elapsed, page turns, bookmarks, annotations, or customer reviews.
In addition, to provide location-based services on Devices or through Apps, Lucy & Phyllis and third party application providers may automatically collect real-time geographic location information or other location-based information about you and your Device or other mobile device on which the App is installed. This information may be used to provide certain device or application functionality or to offer, provide and improve products and services.
Business partners, contractors, and other third parties
We may collect personal information and other information about you from business partners, contractors and other third parties. This includes, but is not limited to, instances in which you affirmatively authorize third parties to provide us with information. Such information may be collected via, but not limited to, software applications that you download or use on your Device or that otherwise allow you to interact with the Lucy & Phyllis enterprise.
- How do we use your personal information?
Lucy & Phyllis uses your personal information across our enterprise to provide you with a superior customer experience and, as necessary, to administer our businesses. For example, we use your personal information to:
- Provide you with products, services and information across the Lucy & Phyllis enterprise, including product and subject recommendations and other information in Lucy & Phyllis retail stores, through emails from our businesses, and on the Lucy & Phyllis Websites and online interactive communities, your Devices, Digital Content, Apps and software, and display associated content and advertising;
- Administer our programs;
- To protect against deceptive and fraudulent activity;
- Provide customer service in stores, by telephone and online;
- Conduct research and perform analysis in order to measure, maintain, protect, develop and improve our products and services;
- Administer sweepstakes, contests, promotions or surveys and provide appropriate notifications;
- Communicate with you about special offers, events, or new products or services that may be of interest to you;
- Customize and enhance the Lucy & Phyllis Websites and advertising;
- Make communications necessary to notify you regarding security, privacy, and administrative issues; and
- Manage our business.
- With whom do we share personal information?
Protecting the privacy and security of your personal information is a priority at Lucy & Phyllis. Lucy & Phyllis shares your personal information with:
- Other entities within the Lucy & Phyllis enterprise. Lucy & Phyllis owns and operates other operations and businesses and we may share your personal information with our other business units and operations, even if such business units or operations are sold.
- Partners. We provide personal information to our partners that provide product and service offerings or technologies that we think may be of interest to you. Our partnerships may also result in products and services that allow you to publish Digital Content that may be shared with our partners. We may offer you the opportunity to opt-in to receive information from our partners, which may result in your personal information being shared with our partners. The use of your information by our partners and their vendors and contractors will be subject to the privacy policies of our vendors once such information is transferred.
- Service providers, subcontractors and agents who perform services on our behalf. We provide personal information to third party service providers, subcontractors, and agents that work under contract on our behalf to provide certain services. These third parties do not have the right to use personal information we provide to them in any way that is not authorized by Lucy & Phyllis. They are contractually obligated to use such information only as necessary to assist us and to maintain the confidentiality and security of such information.
- Third party providers of products and services. These are third parties that provide products and services you may purchase or request from or through us. These third parties do not have the right to use personal information we provide to them in any way that is not authorized by Lucy & Phyllis. They are contractually obligated to use such information only as necessary to assist us and to maintain the confidentiality and security of such information.
- Credit card companies. Credit card transactions are handled by third party financial institutions and their vendors and contractors who receive credit card numbers and other personal information from us to verify the credit card numbers and process transactions. Although Lucy & Phyllis's treatment of this information is governed by this policy, the use of your information by the third party financial institutions and their vendors and contractors will be subject to their own privacy policies.
- Law enforcement officials and as required by law. Lucy & Phyllis may release personal information to third parties when we determine, in our judgment, and without your consent, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or user agreements; (c) establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, (d) protect the rights, property or safety of Lucy & Phyllis, our employees, our customers, users, or others; or (e) to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
- Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
- How do we protect personal information?
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites permit you to create a Lucy & Phyllis account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
- How do we respect your choices about your personal information?
You may choose to opt out from receiving marketing and promotional communications from Lucy & Phyllis at any time by following the instructions below.
- For Lucy & Phyllis Booksellers: At any time, a customer may choose to opt-out of the receipt of any promotional communications by clicking on the opt-out link provided at the bottom of each email and following the instructions, or by emailing our Customer Service Department by clicking here.
- For Lucy & Phyllis account Holders: Any account holder can opt-out of the receipt of any promotional communications by logging onto their Account and following the instructions under "Communication Preferences". If you do not have a Lucy & Phyllis account, you may opt out of the receipt of such communications by selecting the link at the bottom of any promotional email communication and following the instructions.
- For Lucy & Phyllis Member program: Any participant can opt out of the receipt of any Member program promotional communications by logging on to their Lucy & Phyllis account and following the instructions under "Change Your Communication Preferences." If you do not have a Lucy & Phyllis account, you may opt-out of the receipt of such communications by selecting the link at the bottom of any promotional email communication and following the instructions.
- For Lucy & Phyllis Educator program: Any Educator can opt out of the receipt of any promotional communications by logging on to their Lucy & Phyllis Account, clicking "Communication Preferences," and following instructions under "Change Communication Preferences." If you do not have a Lucy & Phyllis account, you may opt out of the receipt of such communications by clicking on the opt-out link provided at the bottom of each email and following the instructions.
- For the Lucy & Phyllis Gift Card website: Any customer of the Lucy & Phyllis Gift Card website who receives promotional communications can opt-out of the receipt of any such communications by clicking on the opt-out link provided at the bottom of each email.
Even if you opt-out of receiving promotional communications, you may continue to receive emails and notifications relating to order confirmations, back order notifications, membership information, and/or other business-related communications.
Analytics & Targeted Advertising
You may choose to opt out of collection of automatically collected information, including cookies, Adobe Analytics, Google Analytics, Localytics and targeted advertising, by following the instructions given in Section 3(b) above, or by using the functionality in your browser to reject cookies.
Online Community Users
Lucy & Phyllis provides you with the ability to access, correct, change or request deletion of the personal information in your community profile(s) at any time by following the instructions below. However, you cannot currently change your profile name although you may re-register and choose a new name. To review or modify your profile information, please click here. Please be advised that Lucy & Phyllis may archive information it collects on its community and visitors. Additionally, by participating in the Lucy & Phyllis online interactive community, including but not limited to, the submission of customer reviews, participation in Lucy & Phyllis's other various interactive offerings, you agree to receive communications from Lucy & Phyllis, other users, and moderators related to the provision of these services.
Accessing, correcting and deleting your information
You have the right to ask us not to use your personal information for direct marketing purposes. You also have the right to request a copy of the personal information that we hold about you and to have any inaccuracies rectified. Finally, you have the right to request that we delete your personal information. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
Please address written requests and questions about your rights to privacy@lucyandPhyllis.com. You may submit a request for a copy of the personal information that we hold about you through our online portal.
Note that, as required by law, we will require you to prove your identity. We may conduct an identity verification by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
- Whom do I contact if I have questions or concerns?
Policies for Minors, including children under the age of 13
Lucy & Phyllis is committed to complying with all applicable laws and regulations regarding the collection, storage and use of personal information of Minors under the age of 13, including the Children's Online Privacy Protection Act of 1998.
Except as noted below : (i) our products and services are marketed for and directed towards purchase by adults or with the consent of adults; (ii) Individuals under the age of 18 ("Minors") are not permitted to use Lucy & Phyllis Websites or Apps without the supervision of a parent or legal guardian; (iii) we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the Lucy & Phyllis Websites; and (v) should we learn that someone under the age of 13 has provided any personal information to or on any of the Lucy & Phyllis Websites, we will remove that information as soon as possible.
If you are a parent or guardian who believes that your Minor under the age of 13 has submitted personal information or other information to us without your consent, please contact privacy@lucyandPhyllis.com. Once we verify that you are the parent or legal guardian, at your request, we will promptly provide to you information regarding what, if any, personal information we have collected about your child and how it has been used or shared. We will, at your request, remove personal information about your child from its database and instruct our affiliates and third party partners to do the same.
If you are a Minor under the age of 18, you may request and obtain removal of certain content or information posted on Lucy & Phyllis Websites and Apps by sending an email to privacy@lucyandPhyllis.com with “Privacy Rights for Minors” in the subject line. Please be advised that our removal of your post(s) does not ensure complete or comprehensive removal of the content or information you have posted on Lucy & Phyllis Websites or Apps.
Data retention policy
We will retain your information for as long as your account is active or as needed to provide you with services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You may use an authorized agent to submit a request to access your information, delete your information, or opt out of the sale of your information. To designate an agent for these purposes:
- You must provide us with a copy of a written and signed permission given to your authorized agent; and
- You must verify your own identity directly with us.
Your California Privacy Rights
California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are “sold” or transferred for an organization’s “business purpose” as those terms are defined under California law. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the "Contact Information" section below. We do not discriminate against California consumers who exercise any of their rights described in this policy.
Do Not Track Disclosure
Important information about third party devices, ISPs, websites and applications
Notice of Financial Incentive
We provide price discounts, coupons, services and other benefits for (1) members of our Membership Program, Kid’s Club, Educator Program, Cafe and other customer programs; (2) large volume customers; (3) members of our mailing list; and (4) Lucy & Phyllis Account Holders (collectively “Programs”). Through these offerings, customers provide us with the necessary personal information (e.g., names, emails, phone numbers, educator credentials) when they opt-in to our programs. There is no obligation to opt-in and customers may opt-out at any time. The details of each Program are contained in the terms and conditions for each Program. We offer these Programs, among other things, to enhance our relationship with you so you can enjoy more of our products/services at a lower price. We invest heavily in our marketing and brands, in part, so we can provide Programs to our customers. The value to our business of customers’ personal information is dependent on specific facts such as whether and to what extent they, in the aggregate, take advantage of any offerings and whether and to what extent they opt-out of any offerings. Our ability to create any value from the Programs is heavily based on our ability to leverage said intellectual properties. We do not calculate the value of customer data in our accounting statements. To the extent we create overall value from our Programs to our business that could be directly or reasonably related to the value of customer data in the aggregate, the method for calculating same would include: the costs associated with (1) our intellectual property; (2) enhancing customer data by our marketing team’s efforts; (3) leveraging our significant investments in understanding you as our existing and future customers; (4) all other costs reasonably related to the programs and (5) for each program, and in the aggregate, whether the sales generated by the program(s) exceed the cost to us of offering them.
You can opt-in to, or opt-out of, our Programs at any time through the same means they are offered, or by emailing our Customer Service Department.
Information collected from visitors from outside the United States
If you are visiting Lucy & Phyllis or a Lucy & Phyllis Website from outside the United States and provide us with personal information, please note that your personal information will be transferred, stored and processed within the United States. Additionally, Lucy & Phyllis may transfer your personal information to other countries, for example because a server or third party service provider is located there. The data protection and privacy laws of other countries, including the United States, may not afford you the same level of protection as those in your own country. Lucy & Phyllis will take appropriate steps to protect your information.
By doing business or interacting with Lucy & Phyllis, you are consenting to the transfer, storage, and processing of your personal information to and within facilities located in the United States and other facility locations selected by Lucy & Phyllis.
Effective Date: February 1, 2021