Disclaimer

Bubble Bubble Toil & Hopefully No Legal Trouble

Spooky Melanin Magic’s Legal Disclaimers, Terms and Conditions Have Been Outlined For You

Get It? Accept It? Good!

 

By reading SpookyMelaninMagic.com you are agreeing to the terms and conditions listed on this page. If for any reason, or at any point, you do not agree, please exit Spooky Melanin Magic immediately. 

Spooky Melanin Magic is created and written for informational and entertainment purposes only. All of its contents are the expressed opinions of its publisher Bianca Pierre-Louis, and hers alone. Bianca Pierre-Louis and Spooky Melanin Magic do not provide any medical, financial, or legal advice and their opinions do not supersede those of any professional. Please seek professional advice as needed.  

All content and information is true best to the publisher’s knowledge, but if you happen to come across any discrepancies please contact me: Bianca@spookymelaninmagic.com

Spooky Melanin Magic and its credited authors (if applicable) are not responsible or liable for absolutely any damages or losses directly or indirectly to any content published on SpookyMelaninMagic.com. I do not provide guarantees or warranties of any kind, either expressed or implied. Users of this website assume full responsibility for any losses or damages accrued from viewing, reading, or using Spooky Melanin Magic. I will not provide a remedy of any kind for consequential, punitive, or damages arising from using this website including such negligence, strict liability, or breach of warranty or contract, even after notice of the possibility of such damages. 

Spooky Melanin Magic is to be used legitimately and lawfully only.

I Bianca Pierre-Louis reserve the right to change the focus, direction, or sell Spooky Melanin Magic at any time. I reserve the right to modify these terms and conditions at any time. I reserve the right to delete comments that I deem are offensive, derogatory, or inappropriate towards myself or another comment author, without notice to their author. Disrespect will not be tolerated and is condemned on Spooky Melanin Magic. 

Just don’t do it.

Copyright Policy

 

All content found on www.SpookyMelaninMagic.com, unless otherwise noted or credited, is created by and the sole property of its publisher, Bianca Pierre-Louis. Duplicating, reproducing, or any unauthorized use of content without permission from Spooky Melanin Magic is strictly prohibited and will result in legal action against the offender. No content posted to Spooky Melanin Magic may be used, reprinted, modified, or published without written permission from Spooky Melanin Magic. Want written permission? Please email Bianca@spookymelaninmagic.com and include a link to which content you’d like to use. When using excerpts and content from Spooky Melanin Magic, please provide clear and full credit to Spooky Melanin Magic or its original author if using an affiliate link.

All contributors to Spooky Melanin Magic are responsible for their own submitted materials and must ensure their posts, photos, etc. meet these requirements. Opinions expressed by third parties on Spooky Melanin Magic do not necessarily reflect my own. Spooky Melanin Magic values the property and intellectual rights of others and every effort is made to accurately and properly credit original sources. Should owners of sites linked wish, for any reason, that the link be removed, please email Bianca@spookymelaninmagic.com. Bianca Pierre-Louis reserves the right to suspend access to the site to any user who uses Spooky Melanin Magic in violation of copyright law.

Advertisers and Sponsors

 

All advertising and sponsors shared on Spooky Melanin Magic will be identified. Any product, claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question. I understand we don’t all like the same things! If you purchase a product or service based upon a link from my website, you must take action with that company to resolve any issues, Spooky Melanin Magic is not responsible. All reviews and opinions posted on Spooky Melanin Magic are 100% honest. I will disclose if I received anything for free in a post of this nature.

Cookie Policy

 

What is a cookie?

A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyze traffic and for advertising and marketing purposes. Cookies are used by nearly all websites and do not harm your system.

If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

How do I use cookies?

I use cookies to track your use of my website. This enables me to understand how you use the site and track any patterns – think things like determining which posts are my most-read or pages that are highly trafficked. This helps me develop and improve my website as well as products and/or services in response to what you might need or want.

Cookies are either:

  • Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or

  • Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. [I use persistent cookies for Google Analytics.]

Cookies can also be categorized as follows:

  • Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and/or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

  • Performance cookies: These cookies enable me to monitor and improve the performance of our website. For example, they allow me to count visits, identify traffic sources and see which parts of the site are most popular.

  • Functionality cookies: These cookies allow my website to remember the choices you make and provide enhanced features. For instance, I may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymized.

[Please note that third parties who advertise on my website (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which I have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.]

Privacy Policy

 

INTRODUCTION

This privacy notice provides you with details of how I collect and process your personal data through your use of this site, www.Spookymelaninmagic.com.

By providing us with your data, you warrant to us that you are over 13 years of age.

Spooky Melanin Magic is the data controller and we are responsible for your personal data (referred to as “I” “we”, “us” or “our” in this privacy notice).

Contact Details

Our full details are:

Full name of legal entity: Spooky Melanin Magic

Email address: Bianca@spookymelaninmagic.com

It is very important that the information I hold about you is accurate and up to date. Please let me know if at any time your personal information changes by emailing me at Bianca@spookymelaninmagic.com.

  1. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE, AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymized data.

We may process the following categories of personal data about you:

  • Communication Data includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting, or any other communication that you send us. We process this data for the purposes of communicating with you, for record-keeping, and for the establishment, pursuance, or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records, and to establish, pursue or defend legal claims.

  • Customer Data includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details, and card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

  • User Data includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain backups of our website and/or databases, and to enable publication and administration of our website, other online services, and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

  • Technical Data includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you, and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.

  • Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws, and free giveaways, to deliver relevant website content and advertisements to you, and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business, and to decide our marketing strategy.

  • We may use Customer Data, User Data, Technical Data, and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests in growing our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at Bianca@spookymelaninmagic.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do not carry out automated decision-making or any type of automated profiling.

  1. HOW WE COLLECT YOUR PERSONAL DATA

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy above.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook-based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment, and delivery services, such as data brokers or aggregators.

  1. MARKETING COMMUNICATIONS

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at Bianca@spookymelaninmagic.com at any time.

If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations, etc.

  1. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.

  • Professional advisers including lawyers, bankers, auditors, and insurers

  • Government bodies that require us to report processing activities.

  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

  1. INTERNATIONAL TRANSFERS

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  • We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or

  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

  1. DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

  1. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means, and legal requirements.

For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances, we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. YOUR LEGAL RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to the portability of data, and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at Bianca@spookymelaninmagic.com.

You may also request your personal data by emailing Bianca@spookymelaninmagic.com. Please include “Personal Data Request” in the subject line.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

  1. THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. COOKIES

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy above.

Google
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have implemented the following:

• Demographics and Interests Reporting

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt-out by visiting the Network Advertising Initiative opt-out page or permanently using the Google Analytics Opt-Out Browser add-on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word Privacy and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

• On our Privacy Policy page

Users are able to change their personal information:

• By emailing us

How does our site handle do not track signals?

We don’t honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don’t honor them because we don’t have a mechanism in place to use them.

Does our site allow third-party behavioral tracking?

It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Process orders and send information and updates pertaining to orders

• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be accordance with CAN-SPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses

• Identify the message as an advertisement in some reasonable way

• Include the physical address of our business or site headquarters

• Monitor third-party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly

• Allow users to unsubscribe by using the link at the bottom of each email


If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contact Us

 

If there are any questions regarding this privacy policy you may contact us at Bianca@spookymelaninmagic.com.

This policy was last updated on Sept. 15, 2021.