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This privacy policy (“Policy”) describes how LOUIS CASTEL NY inc. (“Company”) collect, use and share personal information of consumer users of this website, www.louiscastelusa.com (the “Site”) and is subject to our terms of use available at www.louiscastelusa.com This Policy also applies to any of our other websites that post this Policy which you may access related to the Company.  This Policy does not apply to websites that post different statements from third parties. For the purposes of this Policy, users of the Site are individuals who access the Site and are referred to as “You” or “Client”.

WHAT WE COLLECT

We get information about you in a range of ways.

Information You Give Us. We collect your‎ name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation), banking and financial information including credit card information, transaction and order information as well as other information you directly give us on our Site.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.

How We Use Your Information.We do not share, sell, or disclose any personal information collected through SMS communications, including phone numbers or message content, to third parties for marketing or any other purposes. Your SMS data is kept strictly confidential and used only for communication purposes you have consented to.

Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer/mobile operating system type, browser type, browser language, pixel tags and other similar technologies that uniquely identify your browser, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

USE OF PERSONAL INFORMATION

We use your personal information as follows:

  • We use your personal information to operate, maintain, and improve our sites, products, and services.
  • We use your personal information to process and deliver promotions, contest entries and rewards, if any. We will strive to only send you information about our products that are similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, we will contact you by electronic means for marketing purposes only if you have consented to such communication. If you do not want us to send you marketing communications, please opt-out. We will not permit third parties to market to you without your express consent.
  • We use your personal information to respond to comments and questions and provide customer service.
  • We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
  • We use your personal information to link or combine user information with other personal information.
  • We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
  • We use your personal information to provide and deliver products and services customers request/order and manage returns including but not limited to processing payment and refunds.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

  • We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
  • We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • We may share personal information for legal, protection, and safety purposes.
    • We may share information to comply with laws.
    • We may share information to respond to lawful requests and legal processes.
    • We may share information to protect the rights and property of CLIENT, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
    • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

    To the extent we share your information with a business partner, vendor or third party, solely for the purpose of delivering goods or services to you, we do so under an obligation with them with at least the same level of privacy safeguards are required here or under a non-disclosure agreement reasonably enforceable by us.  By communicating with us, you acknowledge and agree that your personal information may be processed and shared in this way. 

    We may also share aggregated and/or anonymized data with others for their own uses.

    We will retain your personal information for as long as needed to provide the service to you (for example, as long as you have an online account with us) or as needed to fulfill our own obligations, such as preventing fraud, meeting regulatory requirements, resolving disputes, improving our services or maintaining security, and in each case, as consistent with applicable law. We may retain non-personal information that has been sufficiently aggregated or anonymized for a longer period. Specifically,

    We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.

      -  Personal information collected to comply with our legal obligations under financial or anti-money laundering laws may be retained after account closure for as long as required under such laws.

       -  Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you.

        - Content that you post on our website such as support desk comments, photographs, videos, blog posts, and other content may be kept after you close your account for audit purposes.

       - Recording of our telephone calls with you may be kept for a period of up to six years.

       -  Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.

    We are not responsible for, and this policy does not address, the privacy practices of other third parties, such as Facebook, Apple, Google, Microsoft, or any other app developers, social media platforms, operating system providers, wireless or telecommunications service providers, or device manufacturers. The inclusion of a link on our services does not imply an endorsement of the linked sites or services by us or our affiliates.

    Your Privacy Rights.

    In certain jurisdictions, you may be entitled to the following rights below.

    Depending on applicable law where you reside, you may be able to assert certain rights related to your personal information identified below. If any of the rights listed below are not provided under law for your operating entity or jurisdiction, we have absolute discretion in providing you with those rights.  If you do not agree with this Policy, please do not use the Site.

    Your rights to personal information are not absolute. Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another's privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.

    • Access and portability. You may request that we provide you a copy of your personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law), unless such provision adversely affects the rights and freedoms of others. In certain circumstances, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another data controller.
    • - Rectification of incomplete or inaccurate personal information. You may request us to rectify or update any of your personal information held by us that is inaccurate. You may do this at any time by logging in to your account and clicking on your profile or my account tab to extent provided.
    • Erasure. You may request to erase your personal information, subject to applicable law. If you close your user account with us, we will mark your account in our database as "Closed," but will keep certain account information, including your request to erase, in our database for a period of time as described above. This is necessary to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account, and to comply with our legal obligations. However, if you close your account, your personal information will not be used by us for any further purposes, nor shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Policy.
    • Withdraw consent. To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing based on consent before your withdrawal.  If you withdraw your consent, you understand that you may not be able to use all features of the Site.
    • Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to us processing your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
    • Automated individual decision-making, including profiling. We rely on automated tools to help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, save for the exceptions applicable under relevant data protection laws.

    Information Security

    While we strive to keep your information and data safe and secure, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. Please recognize that you play a vital role in protecting your own personal information. When registering with our Site, it is important to choose a password of sufficient length and complexity, to not reveal this password to any third-parties, and to immediately notify us if you become aware of any unauthorized access to or use of your account.

    Furthermore, we cannot ensure or warrant the security or confidentiality of information you transmit to us or receive from us by Internet or wireless connection, including email, phone, or SMS, since we have no way of protecting that information once it leaves and until it reaches us. If you have reason to believe that your data is no longer secure, please contact us using the contact information provided in this Policy.

    INFORMATION CHOICES AND CHANGES

    Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

    You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

    You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

    Invasion of Privacy (Public Disclosure, Appropriation, Intrusion, False Light)

    1. Introduction

      In addition to statutory privacy protections under Georgia criminal law, Georgia has adopted the four forms of invasion of privacy set forth in Restatement (Second) of Torts § 652A (1977). There is also a right to privacy in the Georgia Constitution, under Chapter 1, Article 1, which states “no person shall be deprived of life, liberty, or property except by due process of law.”1 Although the courts have held that the right of privacy guaranteed by the Georgia Constitution is far more extensive than that protected by the United States Constitution, the constitutional right has applied mostly in the context of allegedly unlawful searches and seizures (with or without a warrant) and improper subpoenas.2 This constitutional right is not relevant as an independent cause of action for victims.

      However, depending on the circumstances of a particular case, a WMC victim could potentially allege four types of common law invasions of privacy (appropriation, intrusion, publicity, or false light). There is limited Georgia case law on these types of claims that are relevant to WMC victims, but a few cases have addressed invasion of privacy claims involving harassment, and are useful guides to use for claim construction.

    2. Elements

      (1) Appropriation of Likeness

      (a) An appropriation of plaintiff’s likeness or image without his or her consent;

      (b) Resulting harm to the plaintiff; and

      Resulting benefit to the defendant.3

      (2) Intrusion on Seclusion

      (a) A substantial interference with plaintiff’s solitude - either as to her person or as to her private affairs or concerns; and

      (b) The interference would be highly offensive to a reasonable person.4

      (3) Public Disclosure of Private Life

      (a) Public disclosure;

      (b) Facts are private, secluded or secret facts and not public ones; and

      (c) The interference would be highly offensive to a reasonable person or ordinary sensibilities under the circumstances.5

      (4) False Light

      (a) Defendant publicizes a matter concerning plaintiff that places plaintiff in a false light;

      (b) Defendant acts with reckless disregard as to the truth or falsity of the publicized matter, and the false light in which the plaintiff would be placed; and

      (c) The false light in which plaintiff was placed would be highly offensive to a reasonable person.6

    3. Cases

      1. Cabaniss v. Hipsley, 151 S.E.2d 496 (Ga. Ct. App. 1966)
        • Procedural Posture: Defendant appealed from a judgment of liability for invasion of privacy.
        • Law: Invasion of privacy (intrusion upon plaintiff’s seclusion, appropriation, false light, and disclosure of private facts)
        • Facts: Plaintiff brought an action against a magazine after the magazine used photographs taken of her performing her dancing act. The defendant alleged the magazine had obtained a copy of a photograph (depicting her in little clothing) she had taken to send out to exotic dance clubs before performances without her consent and published it in advertisements inviting persons to the Atlanta Playboy club and using a stage name that was not hers. In reality, defendant had not appeared at the Atlanta Playboy club or used that stage name. The jury found in favor of the plaintiff that she had suffered damages from the invasion of privacy and awarded $15,000 in damages. The defendants appealed the verdict.
        • Outcome: The court reversed the judgment after analyzing the various rights of privacy. Under the theories of public disclosure of embarrassing private facts and intrusion into seclusion, the court found that the facts disclosed in the picture were not private, secluded or secret because she had given the photograph to other clubs and her photograph was routinely put on advertising for such clubs.7 Under the theory of false light, the court found that there was no falsity or fiction revealed, except for the fact that she was appearing at the Atlanta Playboy club, which “does not authorize a verdict for general damages for injury to plaintiff’s reputation or to her sensibilities.”8 Finally, the court found that the defendant’s image had been exploited without her consent, but that the damages sought in this case were not what could be awarded under this theory, because there was no proof of the advertising value of the photograph. The damages awarded had all been related to injury to feelings, sensibilities, and reputation under the other theories of privacy, so the court reversed the judgment.9
        • Special Notes: The court here focused on the fact the plaintiff had publicly disclosed the nude images to the public before in refusing to award damages. The court suggests recovery could be available under an “appropriation” theory if a quantifiable commercial benefit to the defendant can be shown.
      2. Troncalli v. Jones, 514 S.E.2d 478 (Ga. Ct. App. 1999)
        • Procedural Posture: Appeal from judgment awarding plaintiff damages.
        • Law: Invasion of privacy (intrusion into seclusion), Stalking (see other sections), IIED (see other sections)
        • Facts: The defendant intentionally brushed up and touched victim’s breasts and then followed her in his car, made threatening gestures, put his mouth on her neck, followed her again, and came to her house and knocked loudly on her door. The plaintiff brought claims for intentional infliction of emotional distress and invasion of privacy. The trial court denied the defendant’s motion for directed verdict.10
        • Outcome: The court affirmed the trial court’s denial of the defendant’s motion for a directed verdict related to privacy. Specifically, the court explained that this type of behavior was “clearly proceeding” under the category of intrusion into the defendant’s private affairs.11 The defendant’s actions were unwanted, uninvited, and unwarranted intrusions upon the plaintiff’s seclusion.12
        • Special Notes: This court notes that there are four loosely related by distinct torts that a court will consider for invasions of privacy. If a WMC victim has had private information disclosed he or she should analyze the elements of each type of invasion of privacy to bring an action against the wrongdoer.
      3. Elmore v. Atlantic Zyre, Inc., 341 S.E.2d 905 (Ga. Ct. App. 1986)
        • Procedural Posture: Plaintiff appealed grant of summary judgment for defendant store owners.
        • Law: Invasion of privacy (seclusion, peeping tom)
        • Facts: An individual arrested and charged with sodomy brought an invasion of privacy action after store owners observed sexual activity occurring behind the door of a closed stall. The plaintiff alleged that the defendants had invaded his privacy by spying on him in a private place. The trial court granted summary judgment for the defendant store owners. Plaintiff appealed.
        • Outcome: The court affirmed the grant of summary judgment. Although it acknowledged that an action for invasion of privacy may be based upon an intrusion into one’s private affairs or seclusion, the court explained that the privacy interests of the individual must be balanced with the interests of store owners to prevent criminal activity. The court stated that “the right of privacy is not absolute, but it must be kept within its proper limits.”13 Here, the toilet stall was a restroom provided by the store for its customers, and the store owners were investigating a customer complaint. The court concluded “plaintiff’s interest in privacy was subordinate to the defendant’s interest in providing crime-free rest rooms for its customers, and there existed sufficient cause for suspicion of criminal activity to justify any intrusion which occurred.”14
        • Special Notes: The court emphasized that the right of privacy is qualified and “there are some shocks, inconveniences and annoyances which members of society in the nature of things must absorb without the right of redress.”15
      4. Hudson v. Montcalm Publishing Corporation, 379 S.E.2d 572 (Ga. Ct. App. 1989)
        • Procedural Posture: Plaintiff appeals from grant of summary judgment.
        • Law: Invasion of privacy (intrusion upon seclusion)
        • Facts: Plaintiff’s ex-husband submitted a nude photograph of his ex-wife that he had taken during their marriage to defendant publisher for an erotic photo contest. The ex-husband said he was the photographer and listed her personal information on the accompanying entry blank and model release, but plaintiff had not in fact consented to the photo’s publication or release. After obtaining the falsified release from the publisher, plaintiff then sued the magazine and her ex-husband for failing to obtain her permission to disclose the photograph. The action alleged that the photograph and corresponding caption invaded her privacy.16 The trial court denied the defendant’s motion for summary judgment that had argued that the statute of limitation had run. Defendant appealed, alleging that the statute of limitations should be one year rather than two years.
        • Outcome: The court affirmed the judgment, holding that a two year statute of limitation exists under Ga. Code. Ann. § 9-3-33 for injuries to person.17 Defendant had argued that the one-year statute of limitation for injuries to reputation should apply, but the court found that plaintiffs had pled injury in the form of feelings and mental anguish, which is an injury to the “person” under Georgia law.

    4. Practice Pointers

      • All four forms of the invasion of privacy tort (intrusion, appropriation, publicity, and false light) have been addressed in Georgia’s jurisprudence. The cases provided above demonstrate that common law invasion of privacy claims can be brought under a number of overlapping theories.
      • Georgia does not require physical intrusion into a person’s home or private space to establish a claim of invasion of privacy (surveillance of plaintiff is sufficient).18
      • If the injury occurred more than one year prior to suit, take care in pleading the claimed injuries, as reputational injuries are barred after one year, but mental anguish and the like are not.

     

     

    CONTACT INFORMATION. We welcome your comments or questions about this privacy policy OR if you believe that we have infringed your rights, we encourage you to submit a request to us so that we can attempt to resolve the issue or dispute informally. You may also contact us at our address:

    louiscastelusa@gmail.com

    2550 Pleasant Hill Unit 126 Duluth GA 30096

    CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.

     

    • We may share information with those who need it to do work for us.