Updated May 16, 2024

Welcome to the websites of Frank & Eileen LLC (“Frank & Eileen”) located at www.frankandeileen.com and www.reloved.frankandeileen.com (the “Sites”). We respect the sensitive nature of any personal information you provide to us. We have created this Privacy Policy in order to demonstrate our commitment to the privacy of those who visit our Sites and use our services. This Privacy Policy describes our online information collection, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and our e-commerce providers. By accessing and using the Sites, you consent to the collection, use and disclosure of information through the Sites as described in this Privacy Policy.

Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), residents of the United Kingdom (“UK”) and residents of Switzerland , should consult the sections below of this policy relating to “International Data Transfers” and “Rights of EEA, UK and Swiss Residents” for provisions that may apply to them.

Users in California and states with comparable privacy laws should consult the section below titled “Your California and Other State Privacy Rights” for rights that apply to them.

We reserve the right to change this Privacy Policy at any time. In the event we make material changes to this Privacy Policy, such policy will be re-posted in the “Privacy” section of our Sites with the date such modifications were made indicated on the top of the page or we may contact you to inform you about the revisions with a link to the revised Privacy Policy. All changes are effective on the date listed at the top of this page and will apply to all information that we have about you. Your continued use of the Sites or the services that we provide (“Services”), including the purchase of our products (“Products”) after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your personal data.  If at any point you do not agree to any portion of this Privacy Policy, then you should immediately stop using the Sites and the Services.  Because this Privacy Policy contains legal obligations, we encourage you to review this Privacy Policy carefully. If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at customercare@frankandeileen.com or mail us at Frank & Eileen, Privacy Compliance, 843 S. Los Angeles Street, Suite 500, Los Angeles, California 90014.

Disclosures to Third Parties and Service Providers

We contract with companies or individuals to provide certain services in regard to our websites. These services include facilitating customer communications, chat functionality, surveys, e-mails, customer support, loyalty and referral programs, and our consignment and resale partner Recurate, and website design functions. We call them our “Service Providers.” We make every effort to insure that our Service Providers do not use your Personal Information in non-aggregated form for their own purposes. These third parties are bound by confidentiality agreements and are prohibited from using your information for any other purpose.  

We may share your Personal Information with analytics providers, such as Google Analytics and other third parties, to tell us how the Website is performing, which parts of the Website interest you and how long you visit before leaving. Among other data, analytics providers may receive a User’s IP address. We make effort to ensure that such third parties do not use your Personal Information in non-aggregated form for their own purposes.

Usage Data

Data regarding usage of the Website (“Usage Data”) may be used in aggregate (anonymized) form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregated, non-personally identifiable Usage Data with third parties for administrative, analytical, research, optimization, security and other purposes, but no Usage Data will be linked with your Personal Information or be used to identify or contact you.  

Usage Data may be used in aggregate (anonymized) form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregate, non-personally identifiable Usage Data with third parties for administrative, analytical, research, optimization, security and other purposes, but no such information will be linked with your Personal Information or be used to identify or contact you.

Shopify

The stores on our Sites are hosted by Shopify, Inc. Shopify acts on our behalf to provide us with the online e-commerce platform that allows us to provide Services to you, including the purchase of our Products. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall. 

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. For further information, please consult Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and its privacy policy (https://www.shopify.com/legal/privacy).

We process international payments through Shopify and our payment processor Global-E. Global-E processes payments according to applicable law and its privacy policy which is available at https://www.global-e.com/privacy-policy/.  

When This Policy Applies

This Policy applies when you use the Sites or when we otherwise gather Personal Information about you. Please note that this Policy does not apply to our current or former employees or contractors. If you are a current or former employee or contractor, you may contact us about your privacy practices and rights at HR@frankandeileen.com with an e-mail heading of “Workforce Privacy Policy.”

Personal Information That We Collect

Frank & Eileen collects personal data about you when you visit the Sites and from third parties. “Personal Information” is information that may be used to directly or indirectly identify you, including your name, email address, physical address, phone number or other information about you. The majority of such Personal Information is collected when you register with the Sites, use our Services, including purchasing Products through us or our resale partner, subscribe to updates, sign up for our mailing list or otherwise provide us with your contact information. Some of this Personal Information will be required if you wish to partake in the Services that we provide, including making purchases of Products through the Sites.  

In general, the type of Personal Information we collect includes, but is not limited to:

• Personal Information to contact you to promote our Services or to alert you to special offers, features or matters of interest;
• Personal Information necessary to use the Services that you have requested, including establishing an account and purchasing Products through the Sites;
• As further explained herein, un-identifiable and aggregated Personal Information pertaining to your Sites visits that help us maintain the appropriate features, functionality and user experience

We and our e-commerce providers use that data to: (i) enable you to log in to the Sites; (ii) fulfill your orders; (iii) guard against potential fraud; (iv) contact you if there is a problem with your account or order; (v) provide answers to your inquiries or questions; and (v) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding Frank & Eileen and our Services and Products.

By using our services, you give your explicit consent to receive delivery-related SMS messages to the phone number provided. You may opt-out at any time by replying “STOP” to the SMS. We may respond with a single message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

Uses and Sharing of Personal Information

We use your Personal Information where: 

• It is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 
• We need to comply with a legal or regulatory obligation. 
• We have your consent. 

If we contact you or provide any materials or information to you, you always will be given the opportunity to unsubscribe from further emails in any promotional messages we send you. 

Finally, we may share your Information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with our Terms of Use and other agreements; or (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. Please contact us if you need details about the specific legal ground we are relying on to process your personal data. 

Notwithstanding any of the above, we will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation (“GDPR”) and the California Consumer Protection Act (“CCPA”).

Social Networks 

If you choose to connect to our Sites through a third-party social network or website such as Meta/Facebook, Twitter, Instagram and other networks (each, a “Social Network”), we may collect Personal Information from your profile on such Social Network, such as your name, user name, and email address. In addition, our Sites offers features that will allow you to share information from our Sites to a Social Network or share information from our Social Network Sites. If you decide to use such features, they may allow the sharing and collection of information both to and from such Social Network so you should check the privacy policy of each Social Network before using such features.

You may also order Products through our Meta sites (Facebook and Instagram) that are processed through Shopify as noted above.  Meta may have accessed to certain of your Personal Information subject to this privacy policy and that pertaining to Meta. If you do not wish to share your Personal Information with Meta or any other social network do not place orders through Meta. 

Non-Identifiable Data and Aggregated Personal Information

Regardless of whether you register for an account or submit information to us, Frank & Eileen and third parties performing e-commerce services for us may send one or more "cookies" to your computer. Cookies are small text files placed on your web browser when you visit our Sites that store information on your computer, such as your Sites preferences. We use cookies when you sign in to keep track of your personal session. We also use cookies to track your activity on the Sites as a unique person. For security purposes, all of this information is stored in encrypted form. This data may be used to display information about our Services and Products on websites operated by third parties.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether. Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower Sites response times.  

We may also collect aggregated information regarding users of the Sites that does not identify individual users. We may also collect technical information which includes information about your computer (for example your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Sites). We may also collect usage data which includes information about your use of the Sites, products and services.  We also collect aggregated data such as statistical or demographic data for legitimate business purposes not prohibited by this policy or by applicable data protection law.

Aggregated data may be derived from an individual’s personal information but is not considered personal data under applicable data protection law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.

How and When Your Information Is Shared With Other Parties

Frank & Eileen discloses Personal Information about its users for marketing purposes with third party marketing partners for research and cooperative marketing purposes. If you do not want to have your data shared with such third parties, please contact us at customercare@frankandeileen.com with the subject line “Opt Out of Third Party Data Sharing” or use the unsubscribe option at https://www.frankandeileen.com/pages/catalog-unsubscribe.

Data Retention - How Long Will We Use Your Personal Information?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for as specified in this Policy, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

For example, we delete some activity as soon as you exit the Website, whereas we may retain traffic data for analytics purposes. 

Rights of EEA Residents

This section of this Privacy Policy is applicable to residents of the European Economic Area (“EEA”).  The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Iceland, Liechtenstein, and Norway. This section also applies to residents of the United Kingdom (“UK”) and Switzerland.

Under the GDPR and similar laws, Frank & Eileen is both the controller and a co-processor of the Personal Information of EEA Residents.  Frank & Eileen’s purpose for collecting and processing Personal Information from EEA Residents is to authenticate subscription to our mailing lists and to provide marketing information about our Services, including our Products. The legal basis for collecting Personal Information for subscribing to our email lists is your consent, including during the checkout process. You may withdraw consent for obtaining such communications by following the “Unsubscribe” instructions on any communication or by contacting us at customercare@frankandeileen.com.

Frank & Eileen also collects and processes your Personal Information during the check-out process when you order Products.  Frank & Eileen’s purpose for collecting and processing Personal Information from EEA Residents during the check-out process is to fulfill your request for Services, including purchases of our Products. The collection of this data is necessary to fulfill a contract between you and us for such Services, including purchases of Products. If EEA Residents do not provide Personal Information to Frank & Eileen during the check-out process, then we cannot fulfill your orders for Products.  

We use Shopify for processing orders for our Products, including for EEA Residents and Global-E for processing payments. Please see above for links to the privacy policies of Shopify and Global-E.

EEA Residents may obtain information about the Personal Information that Frank & Eileen holds about them by contacting Frank & Eileen at customercare@frankandeileen.com.

Please note that if you are a resident of the EEA, UK or Switzerland that you have certain rights under applicable privacy laws in regard to your Personal Information. These rights may include the Right of Access, Right to Rectification, Right to Erasure, Right to Restrict, Right to Object, Right to Data Portability, and Right to not be Subject to Automated Decision Making.  

If you are a resident of the EEA, UK or Switzerland and believe that we have Personal Information about you, and you wish to access, correct, object to processing, request restriction of processing, withdraw consent, or request the transfer to a third party of the Personal Information that we have about you or exercise any other rights that you may have or have any questions relating to the processing of your Personal Information, please contact us at customercare@frankandeileen.com.

International Data Transfers

Personal Information that is transferred to us may be stored or processed in the United States, which does not have data protection laws equivalent to those in the UK or the EEA and other jurisdictions. 

If you do not wish your Personal Information to be stored or processed in the United States, please do not provide such information to us. 

Shopify and Global-E treat data of UK or EEA residents according to their privacy policies.

Notifications and Communications From Our Sites

Communications Regarding Our Services

We will send you email notifications and free newsletters from time to time with offers, suggestions and other information. Some notifications are communications relating to us and our Services. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email. Any SMS message is subject to the opt-out or “stop” provisions referenced above.

Legal or Security Communications

We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as this Privacy Policy or the Terms of Use. Generally, you may not opt out of such emails.

Account and Order Communications

If you purchase Products, we may send you communications regarding such purchases. We may also send communications providing customer support or responses to questions regarding the operation of the Services.  Generally, you may not opt out of such emails.

Deleting Your Information

If you want us to delete your Personal Information and your account, please contact us at customercare@frankandeileen.com with your request. We will take steps to delete your information as soon as we can, but some information, such as order history, may remain in archived/backup copies for our records or as otherwise required by law.

Links to Other Sites

If you follow any links that direct you away from the Sites, including links to social media Sites or to Sites for payment options, among others, this Privacy Policy will not apply to your activity on the other Sites you visit. We do not control the privacy policies or the privacy practices of any third parties. 

Privacy in Submitted Materials

If you submit any photos to us, including through a social media platform, such as Instagram, such photos may be displayed on the Sites, including photos of yourself or other individuals. By submitting such materials, you forego any privacy rights in such materials. Please consult the Terms of Use for other conditions relating to submission of materials to Frank & Eileen through social media Sites.

Security Policy

We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Sites. You engage in such transmissions at your own risk.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at customercare@frankandeileen.com. 

Children Under 16

The Sites is restricted to the use of adults over the age of majority in their place of residence. No portion of the Sites is directed to children under the age of 16.  Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 16. If we learn that we have collected personal information from a child under age 16 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 16 years of age and you believe your child has provided us with Personal Information, please contact us at customercare@frankandeileen.com.

Your California and Other State Privacy Rights

This section applies to you only if you reside in California or another U.S. state where applicable law provides for some or all of these rights or substantially similar rights.  Rights of California residents are specifically referred to as “rights under the CCPA” or “CCPA rights.”  

Rights under the CCPA

The California Consumer Privacy Act (“CCPA”) provides California consumers rights regarding their Personal Information (as defined in the CCPA). ”). If you reside in a United States jurisdiction that has enacted a data privacy law, we extend the same rights CCPA grants to California consumers, except where we specify otherwise.

The categories of Personal Information we collect are generally described in the section above titled: Personal Information we collect and how your Personal Information is collected. These categories depend on how you use the Website. 

Under the CCPA, qualifying California consumers may have the following rights:

Right to Know, Access, Correct and Delete

A California consumer has the CCPA rights to request that we disclose what Personal Information we collect, use, disclose, share or disclosed for a business purpose.  

We may deny deletion requests, in whole or in part, with respect to information we reasonably need to:

• Comply with a legal obligation
• Allow you, other consumer, or us to exercise free-speech rights or other legal rights
• Perform a contract with you or
• If we use the information for solely internal purposes reasonably aligned with consumer expectations

Rights to Opt-Out of Sharing/Sale and Limit Use of Sensitive Information

You also have the CCPA rights to direct us (1) not to share or sell your Personal Information and (2) to limit our disclosure and your use of “sensitive personal information” necessary to provide the websites to you.

We may share Personal Information we collect about you with third parties for purposes of cross-context behavioral advertising. We may sell personal information we collect about you, as the term "Sale" is defined by the CCPA. You may opt out of the sale or sharing (for purposes of cross-context behavioral advertising) of your personal data by signaling an opt-out preference by making an opt-out request.

We use and disclose sensitive personal information we collect from our employees and other company personnel. You or your authorized representative may limit our uses and disclosures of your sensitive personal information by making a request.

As of the date of this Privacy Policy, we have no knowledge of any use of Personal Information that we collect from persons under the age of 16 for “sale” or “sharing” purposes.

No Retaliation

The CCPA prohibits us from discriminating against you if you exercise rights under the CCPA.  You do not need to exercise this CCPA right. We never retaliate against anyone exercising their rights under the CCPA.

Submitting Requests

To submit a request to exercise a CCPA right, please submit a request as follows:

Frank & Eileen
Privacy Compliance
843 S. Los Angeles Street, Suite 500
Los Angeles, California 90014
(or to customercare@frankandeileen.com

with “Personal Information Request” in the subject line of your e-mail).

Verifying Requests

If we receive any request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If the requests are unclear we may respond with direction on how to remedy the deficiencies.

If we cannot verify the identity of the consumer making the request, we may deny the request in full or in part.

Responding to Requests

We will respond to your request as quickly as we can, taking into account the nature of your request and the volume of pending requests. For California consumers, we will confirm receipt of your CCPA request within 10 days and will substantively respond within 45 days, unless we provide an explanation why an additional 45 days is necessary. California residents may submit rights requests through an authorized agent. We may request proof that the person who is the subject of the request authorized an agent to submit a privacy request on their behalf.

The content of our response will vary with the nature of your request, but we will always respond in accordance with any deadlines or requirements specified by the laws that apply to you.

Under certain circumstances, we may be unable to provide responsive Personal Information, such as when disclosure would create a substantial, articulable and unreasonable risk to the security of the information, users’ accounts with us, or the security or our systems and networks. We do not disclose account passwords or other non-personal information that enables users to access accounts.  We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medication identification numbers.

We reserve the right to retain an archive of any information about you to the extent permitted by law.  We also retain de-identified or aggregate data derived from information about you.

California Do Not Track Disclosures

Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.

Civil Code 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

Your Rights and Obligations

We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided to us by contacting us at customercare@frankandeileen.com You represent and warrant that all Personal Information you provide to us is true and correct and relates to you and not to any other person. If you use the Sites, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.