PRIVACY POLICY

The purchase of a LEXON product (hereafter the « Product ») via the on-line store at https://lexon-design.com/us (hereafter the “Website”) requires the creation of a client account on the Website.

When you visit the Website and when you create an account, you transmit  certain personal data. The Privacy Policy defines how your data are collected, protected and used.

Creation of a client account means you have accepted the terms of this privacy policy.

Any question may be addressed to the following email address : privacy@lexon-design.com

The Controller

The controller is the US company BOW USA LLC, with head office at 100 N Biscayne Blvd, Suite 800 FL 33132, Miami, Florida, United States of America and the French company LEXON, with head office at 125 avenue des Champs Elysées, 75008 Paris, which is the owner of the Website. BOW USA and LEXON are hereafter called « BOW »).

Collected Data

When you create a client account, you transmit to us data regarding your last name, first name, email address, phone number, billing address, delivery address and credit card details.

We also collect internet and other electronic network information including your computer’s internet protocol (IP) address, login data, geolocation data, location, browsing history, search history, and shopping history automatically as your navigate our Website. This information is collected by cookies and other technologies. Cookies are text files that your web browser places on your device when you visit a website. Cookies can be “persistent” or “session” cookies. Persistent cookies stay on your device for a set period of time or until you delete them, while session cookies expire when you close your web browser.

We use cookies on the Site to give you the best experience possible. The Site uses first-party cookies to store your details and carry forth services like remembering if you logged in, or if you added an item to your shopping bag. The Site uses third-party cookies to collect statistics to analyze traffic in tools such as Google Analytics. The Site uses web beacons (known as “tracking pixels”) in our marketing initiatives to help deliver cookies, understand usage and determine campaign effectiveness. Cookies can be disabled or erased from your browser. For instructions on how to do so, please look in your browser’s settings

Purpose of the Data Collection

We use your name, phone number, email address, delivery address and credit card details to process the orders that you place on our on-line store.

We use your email address and phone number to remind you that orders are pending in your cart.

We may use your email address and telephone number to send you by email or SMS offers, newsletters, information on new products and promotional campaigns related to LEXON products, or to products of affiliated companies, such as MYKRONOZ products from the Swiss company Kronoz LLC (https://www.mykronoz.com/us/en/)

You may refuse promotional emails by using the “unsubscribe” option provided in each of our emails or by sending a request to privacy@lexon-design.com.

The collection of logging data by means of cookies aims at optimizing our website, verifying its proper functioning and better answering the needs of users.

Your Personal Information may also be used for a variety of purposes, including to improve our Website and to protect our legal rights. Specifically, we may use the Personal Information we collect to:

    • Send you marketing and promotional communications.
    • Deliver targeted advertising to you.
    • Request feedback.
    • Authenticate you when you sign in to your account and to provide you with account access.
    • To enforce our terms, conditions, and policies.
    • Process your payments.
    • Create your Lexon account.
    • Communicate with you about our Website or to inform you of any changes to our Website or Services.
    • Respond to requests for information.
    • Maintain and improve our Website, monitor user experience, engage in fraud identification, and assist in resolving any Website issues.
    • Defend our rights and the rights of others.
    • Efficiently maintain our business.
    • Comply with applicable law

Furthermore, we can use your information for other purposes, which will be indicated/informed at the moment of collection. If you opt not to provide certain information, or if the information you provide is incorrect or false, it may affect your use of some of our services. We may also use personal information for other additional purposes, which we identify at the time of collection. You may choose not to provide us with certain types of information, but doing so may affect your ability to use some services

We may need to collect and use some of the above mentioned information because we are either legally required to do so, or because we need it to provide the requested services to you (legitimate interest), or we have acquired your consent.

WE DO NOT KNOWINGLY COLLECT, AND WE ASK THAT YOU NOT SEND OR DISCLOSE TO US, ANY SENSITIVE PERSONAL INFORMATION (SUCH AS E.G., SOCIAL SECURITY NUMBERS, INFORMATION RELATED TO RACIAL, ETHNIC ORIGIN, OR SEXUAL LIFE, POLITICAL OPINIONS, RELIGION OR OTHER BELIEFS, HEALTH, BIOMETRICS (DEPENDING YOUR OUR COUNTRY OF RESIDENCE) OR GENETIC CHARACTERISTICS, CRIMINAL BACKGROUND OR TRADE UNION MEMBERSHIP) ON OR THROUGH THE SERVICES OR OTHERWISE TO US.

Retention of personal data

We keep your data on our servers during the whole period of existence of your account.

The data necessary to fulfill a legal obligation are kept in accordance with the provisions in force.

Cookies

A cookie is a small text file placed on the hard drive of your computer or other equipment (tablet, smartphone, etc.). Cookies help website owners improve the efficiency of their websites and gain information about how their sites are being used.

LEXON uses the following types of cookies:

Necessary cookies: these cookies aid navigation through the site and are essential for the site to work properly. They facilitate electronic communication and provide you with the services expressly requested by you.

Analytical cookies: these cookies enable us to understand how visitors got to our website and how they use it. This information helps us to improve the way our website works and to assist visitors in finding the content they need more quickly. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the USA. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

Identification cookies: these cookies improve the visitor’s experience but are not essential for the site to work. They help regular visitors to gain faster access to the content they are looking for.

Advertising cookies: Third-party cookies or similar technologies allow us to provide you with advertisements on third party `websites that may be more relevant to your interests.

You can remove and reject cookies by adjusting your browser settings. Each browser has its own procedure and we suggest that you find out about this on the website of the browser’s publisher.

If you remove or reject our cookies, it may affect how our website or applications work for you.

Transmission of Data to Third Parties

We do not transmit to third parties data permitting to identify you personally, such as your name or address. However, we may share your data with affiliated companies complying with the present Privacy Policy or with partners bound to us by a service agreement (for the management of emails, the processing of payments or the hosting of a server, for example). These partners are under the contractual obligation to protect your data in a manner complying with the present Privacy Policy.

We may furthermore use, disclose or transfer your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including any bankruptcy or similar proceedings).

We store your personal data on a server located in Germany. By using the services you consent to the transfer of information to countries such as Germany outside of your country of residence including but not limited to the United States, which may have data protection rules different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information

We may transmit or sell data in our possession in an anonymized form, which does not permit your identification (for example in the form of studies, reports or statistics).

We may also disclose information about you (i) if we are required to do so by law or legal process (which may include laws outside your country of residence), (ii) to law enforcement authorities or other government officials (which may include authorities outside your country of residence), or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

When we share your personal information with third parties we ensure they understand the purposes for which the information is shared and that they undertake obligations equivalent to those we do under this Privacy Statement.

We may also use and disclose your personal information in other ways, with your consent.

User rights

You have :

    • a right of access, that is to say a right to obtain the communication of all information held by BOW regarding you,
    • a right of rectification, that is to say a right to obtain rectification of inaccurate information held by BOW regarding you,
    • a right of opposition, that is to say, the right to object, for legitimate reasons, to appear in a file, and in the area of commercial prospecting, the right to oppose that your data disseminated, transmitted or stored.
    • a right of data portability, that is to say the right to have your personal data transmitted in a structured format to you or directly from one controller to another, when this is technically possible

You may at all times access your personal data recorded in your  client account and make corrections or amendments. You may also delete the data by requesting the closing down of your account.

​Any request regarding access, modification or deletion of data can be sent to the following email address: privacy@lexon-design.com In your request, please make clear what personal information you would like to have corrected if you consider that it is inexact or incomplete, whether you would like to have your personal information suppressed from our database at any time, oppose our use of your personal information, or otherwise let us know what limitations you would like to put on our use of your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us in your request, and we may need to verify your identity before implementing your request. To ensure your protection, we will only process requests for personal information associated with the email address used to send us your request. It is also possible that we verify your identity before processing your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal information provided until sometime after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed

How long we retain personal information

We keep your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) to execute transactions with you (ii) for as long as we have an ongoing relationship with you (such as maintaining your online account or sending you a newsletter); (iii) as required by a legal obligation to which we are subject; or (iv) as is advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations

Accessibility statement

We believe the internet should be available and accessible for anybody. We are committed to providing a website that is accessible to as many people as possible, regardless of ability.

Our ongoing accessibility efforts are dedicated to working towards conforming to the Web Content Accessibility Guidelines (WCAG) version 2.1, level AA criteria. These guidelines aim to make web content accessible to users with sensory, cognitive, and mobility disabilities with the ultimate goal of accessibility for all users.

We recognize that accessibility is an ongoing concern. To that end, we continue to conduct reviews at reasonable intervals to assess the website ongoing level of substantial conformance with WCAG and to look for new ways we can continue to enhance the online experience for customers with disabilities.

We welcome comments and feedback on how to improve the website’s accessibility for all users. Please contact us to provide feedback at privacy@lexon-design.com

Security

BOW implements organizational, technical, software and physical digital security measures to protect personal data from unauthorized tampering, destruction and access.

However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of your Personal Information we have collected from you. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us at privacy@lexon-design.com. We will comply with any legal obligations to notify you in the event that there has been a breach of confidentiality or unauthorized use or disclosure of your personal information that may significantly affect your rights in your personal data to permit you to take any necessary measure required to protect and defend your rights.

Amendments to the Privacy Policy

We reserve the right to amend at all times the present Privacy Policy. Modifications will be posted on our website and we suggest that you consult the Privacy Policy from time to time.

CALIFORNIA RESIDENTS

This Notice for California Residents supplements the general information contained in this Privacy Statement and applies solely to residents of the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice. The California  CCPA grants certain rights to our users who are California residents to access or delete the Personal Information that we have collected about them, to opt-out of the sale of their Personal Information by us to a third party and not to be discriminated against for exercising these rights.

What personal information do we collect?

We have collected from consumers within the last twelve (12) months personal information falling into the following categories:

Category A: Identifiers — A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.  Collected – YES

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). — A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected -– YES

Category C: Protected classification characteristics under California or federal law. — Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Collected – NO

Category D: Commercial information. — Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Collected -– YES

Category E: Biometric information. — Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Collected – NO

Category F: Internet or other network activity — Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Collected – YES

Category G: Geolocation data — Physical location or movements.  Collected – YES

Category H: Sensory data — Audio, electronic, visual, thermal, olfactory, or similar information. Collected – YES

Category I: Professional or employment-related information — Current or past job history or performance evaluations. Collected – NO

Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99) — Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected- NO

Personal information does not include:  (i) publicly available information from government records; (ii) de-identified or aggregated date; and (iii) data excluded from CCPA’s scope, such as health or medical information.

I.Right to Access

You have the right to request what Personal Information we have collected, used, disclosed, and sold about you within the preceding 12 months. Once we receive your request and confirm your identity, we will disclose to you information we have collected about you as required by the CCPA.

II.Right to Deletion

You have the right to request the deletion of your Personal Information that we collect or maintain, subject to certain exceptions. Once we receive your request and confirm your identity, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies under the CCPA.

We will not fulfill your deletion request if retaining the information is necessary for us or our service provider(s) to:

    1. Complete a transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    3. Debug products to identify and repair errors that impair existing intended functionality.
    4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    8. Comply with a legal obligation.
    9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

III.Opt-Out

You have the right to opt-out of the sale of your Personal Information to third parties. Under the CCPA, certain disclosures of Personal Information that we engage in are considered a “sale.”  In the past 12 months, we have disclosed Personal Information to third parties data analytics providers who assist us in analyzing our Website, as well as ad networks who provide you with tailored content and advertising based on your interactions with our Website. These disclosures relate to your interactions with our Website and you may opt-out of the use of these cookie and similar technologies.

IV.Non-Discrimination

You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, or opt-out under the CCPA. For example, this means we cannot deny goods or services to you or charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties, due to you having exercised your rights.

    1. Exercising Your Rights

To exercise your right to access or delete your Personal Information, you may submit a verifiable consumer request at privacy@lexon-design.com. In certain instances, exceptions to your right to access or delete your Personal Information may apply.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. If you are an authorized agent making a request on behalf of another individual, you must provide us with documentation of your registration with the California Secretary of State, as well as written documentation that you are authorized to act on behalf of that individual.

The interactive webform for access and deletion requests contains the information that we need to verify your identity and review your request. For requests submitted via email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the Personal Information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category K: Inferences drawn from other personal information.

We may disclose personal information for a business purpose to the following categories of third parties:

    • Our affiliates
    • Service providers
    • Third parties to whom you or your agents authorize us to disclose your information in connection with products or services we provide you
    • Third parties with whom we engage in joint research and marketing activities

NEVADA RESIDENTS

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of certain of your Personal Information.  We do not currently sell any of your Personal Information under Nevada law, nor do we plan to do so in the future.  However, you can submit a request to opt-out of future sales, as defined by Nevada law, by contacting us at privacy@lexon-design.com Please include “Opt-Out Request Under Nevada Law” in the subject line and body of your message.

DO NOT TRACK DISCLOSURE

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For further details, visit https://www.eff.org/issues/do-not-track.