1. Information we collect and use

We collect personal information you provide when you make a purchase, subscribe to our marketing emails, contact us or request a return, including:

• Contact information, such as your name, email address, telephone number and billing and shipping addresses;
• Transaction information, such as the products you purchase, their sizes, colors and quantities, your order numbers and the details of any return; and
• Communications and preferences, such as your correspondence with our customer service, information you provide with a return and your email marketing preferences.

Information marked as required at checkout must be provided in order for us to process and fulfill your order. If it is not provided, we will be unable to complete your purchase.

We use the information described above to process and fulfill your orders, to process payments and returns, to provide customer support, to communicate with you regarding your orders, to send you marketing communications and to maintain our business records. We also receive information about your transactions and deliveries from the payment and shipping service providers that we use.

If you ask to be notified when a sold-out item is back in stock, we will collect your email address together with the item, color and size you selected, and will use them to send you a single email (a “restock email”) once that item is available again. We also take into account the number of such requests received for each item in deciding what to make.

Whenever a color and size that is sold out is selected on a product page, our website adds one to a daily tally kept for that color and size. These tallies contain nothing that identifies you, and are used by us, together with restock requests, in planning what we make.

Visits to a product page from a “Buy” link in a Google listing are tallied in the same way, noting whether the item went on to checkout.

We may also use personal information to prevent and investigate fraud or misuse, to handle payment disputes, to enforce our terms, to comply with our legal obligations and to establish, exercise or defend legal claims.

When you visit our website, certain technical and usage information is collected automatically by us and by our service providers. This may include your IP address, browser type and device, approximate location, referring pages, the pages you view and your shopping activity on the site. We use this information to run, maintain and protect the website and to analyze site traffic and usage.

We also collect information about the delivery of our marketing emails and about what recipients do with them, such as opening an email, clicking a link or making a purchase that we attribute to the email. Our marketing emails may contain tracking pixels and tracked links, which are used to record opens and clicks. We use this information to measure and improve our email marketing.

2. Information we share

We share relevant personal information with the companies that support our business, including:

• Squarespace (hosting, store operations and analytics);
• Stripe and PayPal (payments);
• Google Workspace (email, including correspondence about orders and returns);
• Mailchimp (marketing emails);
• Postmark (restock emails);
• Cloudflare (storage of restock requests and of sold-out and Buy link tallies); and
• ShipStation and delivery carriers (contact, address and order details, for shipping).

Payment information is subject to the payment providers’ own privacy policies.

Through our store’s integration with Mailchimp, customer profiles, marketing preferences, purchase history and newsletter sign-up information may be disclosed to Mailchimp, including information about customers who have not subscribed to our marketing emails.

We may also share relevant personal information with other service providers that help us operate our store and carry out the purposes described in this policy.

We also make use of the third-party content providers described in section 3 below, some of which process personal information for their own purposes, as set out in their respective privacy policies.

Relevant personal information may also be disclosed to our professional advisers, such as lawyers, accountants and insurers. In addition, we may disclose personal information where required to do so by applicable law or legal process, or where necessary to establish, exercise or defend legal claims.

In the event of a proposed or completed merger, acquisition, financing, reorganization, bankruptcy or sale of all or part of our business or assets, personal information may be disclosed or transferred as part of that transaction, including in the course of any related due diligence, as permitted by applicable law.

3. Cookies and other services

We use cookies for essential website functions, including your shopping cart and checkout. We have enabled Squarespace’s setting to restrict its nonessential cookies. This setting does not necessarily prevent cookies or similar technologies used by embedded third-party content.

When you ask for a restock email, our website keeps your email address and request in your browser’s local storage, so it can show that you asked and fill in your address next time. Clearing your browser’s data for our website removes them.

Our website includes embedded videos provided by YouTube, Vimeo, Embedly and JW Player. These providers may collect device information and information about your interaction with the videos when their players load or you use them. They may use cookies or similar technologies and collect information about your activity over time and across websites. Their collection and use of this information are described in their privacy policies.

Adobe Fonts receives technical information, including your IP address, to deliver the fonts used on our website.

We use Cloudflare Web Analytics to count visits to our website and to measure how quickly its pages load. For this purpose it receives technical information, including your IP address, information about your browser and device, the pages you visit and the pages that referred you. It does not use cookies or other storage on your device.

Cookie choices

Most web browsers allow you to manage cookies through their settings, including by blocking or deleting them. Please note that if you disable cookies, some parts of our website, such as your shopping cart, may not work properly, and other forms of data collection may not be prevented.

Squarespace and Cloudflare may continue to count page views where your browser sends a Do Not Track signal. Our restriction of Squarespace’s nonessential cookies applies whether or not your browser sends such a signal.

4. Your choices

Marketing emails

You may unsubscribe from our marketing emails at any time by following the instructions included in each email or by contacting us using the details given below. Please note that even if you unsubscribe, we may continue to send you transactional or service messages, such as order confirmations, updates about returns and replies to customer-support requests.

Restock emails

Every restock email contains a link that stops restock emails to that address; using it also cancels any other restock requests made with that address. Alternatively, you may contact us to cancel a request.

Privacy requests

Subject to applicable law, you may have the right to request access to, correction of or deletion of your personal information. To make a request, email info@pansy.co or write to us at the address above. If your request relates to an order or subscription, please include the email address you used for it. We may need to verify your identity before responding to your request, and may ask you for information reasonably necessary to do so. Please note that certain information may be exempt from such requests under applicable law.

5. Retention and security

Personal information will be retained only for so long as is reasonably necessary for the purposes described in this Privacy Policy, including compliance with legal, tax and accounting requirements and the resolution of disputes. The criteria used to determine our retention periods include:

• the length of time we have an ongoing relationship with you (for example, while an order, return or inquiry is open, or for as long as you remain subscribed to our marketing emails);
• whether there is a legal obligation to which we are subject (for example, tax and accounting laws require us to keep records of transactions for a certain period of time); and
• whether retention is advisable in light of our legal position (for example, in regard to applicable statutes of limitations).

We may keep a limited record of marketing opt-outs so that they can be honored, and payment providers may keep transaction records under their own legal obligations.

Restock requests which have not been fulfilled within one year of being made are closed and their email addresses removed. Where a request has been fulfilled or cancelled, the email address is removed from it after 90 days. If you stop restock emails, a coded version of your email address, which cannot be converted back into the address, is retained so that we can honor that choice.

We take reasonable administrative, technical and organizational measures designed to protect the personal information in our care. Please be aware, however, that no method of transmitting or storing information is completely secure.

6. International customers

Pansy is based in the United States, and your personal information may be transferred to, stored and processed in the United States and in other countries where we or our service providers operate. Squarespace and Mailchimp describe their Data Privacy Framework and standard contractual clause arrangements in their linked terms.

If you are located in the European Economic Area or the United Kingdom, or EEA or UK data protection law otherwise applies, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally process personal information only where we need it to perform a contract with you (for example, to fill your order or to send you a restock email you have asked for), where we have your consent to do so (for optional marketing or tracking, where consent is required), or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process personal information.

Where consent is not required, we may also rely on our legitimate interests. For example, we have a legitimate interest in answering your emails and letters and in keeping proper order and other business records. Keeping the website secure, and looking into orders that appear to be fraudulent and other misuse of the site, is another. So is dealing with chargebacks and other payment disputes, enforcing our terms and handling legal claims. If we are considering one of the business transactions described in section 2, we may rely on our legitimate interests in evaluating or carrying it out. We also rely on them when we measure how our website and emails are used (see section 1) in order to improve them.

You may also ask us to restrict processing of your personal information, or request portability of your personal information, subject to the conditions in those laws. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time; doing so will not affect the lawfulness of any processing we carried out before you withdrew it. You have the right to complain to a data protection authority about our collection and use of your personal information.

You have the right to object at any time to the processing of your personal information for direct marketing purposes, and, on grounds relating to your particular situation, to processing that is based on our legitimate interests. You can exercise any of these rights, or withdraw your consent, by contacting us using the contact details given above.

7. Changes to this policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update it, we will post the updated version on this page and change the effective date at the top. This posting will serve as notice of any changes, including material changes. Where applicable law requires us to give you additional notice, we will provide it.