YOUR PRIVACY RIGHTS (V2.1 – Effective September 1, 2012)
II. Personally Identifiable Information That We Collect
III. E-mail Newsletter Subscriptions
IV. User Accounts
V. Special Promotions and Purchases; Submission of Content to be Published
VI. Information Collected by Other Means or Media
VII. Information About Other People
VIII. Customer Service
IX. Non-Personally Identifiable Information That We Collect
X. Cookies and Related Technology
XI. Not Intended for Persons Under 18
XII. Use, Disclosure, and Sharing of Information
a. Non-Personally Identifiable Information
b. Personally Identifiable Information
c. Information Disclosed to other Users of this Website
XIII. Our Commitment to Data Security
XIV. Hyperlinks To and From Other Sites
XV. Consent to Processing in the United States
XVI. Contact Us Regarding Privacy
XVII. Notification of Changes
II. Personally Identifiable Information That We Collect.
“Users” refer to users of the Websites and Services. Because the Websites and Services are intended to facilitate marketing and transactions among its Users, personally identifiable information that you provide or is provided about you, such as but not limited to your name, company name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as billing terms may be shared with other Users. Information such credit card information is only shared with parties associated with you or as needed to facilitate a transaction you have agreed to.
Please be aware that the COMPANY has a right to indicate to the public what Brand Users and Buyers have accounts with or otherwise uses the Website and/or Services.
III. E-mail Newsletter Subscriptions.
When you create a User Account or accept one, you are agreeing to be subscribed to our e-mail newsletters, if any. You may also be asked for other information at the same or later time.
IV. User Accounts.
If you are holder of a Buyer Account, Brand Account, or other User Account and wish to deactivate or terminate it, please see how to do so in theTERMS AND CONDITIONS. If your Buyer Account has been incorrectly affiliated with other Buyer Accounts, contact the Brand User who created such affiliation to correct such incorrect affiliation.
You can unsubscribe from receiving marketing e-mails from the Website by clicking the link contained within such e-mails sent to you. You cannot unsubscribe from receiving correspondence regarding non-marketing e-mails, including but not limited to correspondence with parties involved in a transaction with you, or emails with the COMPANY regarding your User Account and activities on or through the Website.
You should be aware that it is not always possible to completely remove or modify information in our databases. In addition, we may institute a policy in which User information is deleted after a certain amount of time, and therefore, your User information may no longer exist in the COMPANY’s active database(s). Even if you choose to unsubscribe or otherwise modify your User Account settings, the COMPANY reserves the right to contact you regarding your account and your use of this Website and/or the Services.
V. Special Promotions and Purchases; Submission of Content to be Published.
To participate in some Services such as sweepstakes, contests and surveys (“Special Promotions”), or to make online purchases or subscriptions (such purchases or subscriptions herein referred to as “Purchases”), you may need to provide personally identifiable information, such as name, address, e-mail address, phone number, and date of birth. Your information may be collected by COMPANY or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase.
If you make a Purchase or enter a sweepstakes or other Special Promotion on one of our sites or through our Services, the COMPANY will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, order fulfillment and/or prize delivery, as applicable. (As more fully described below in Section XII , these third parties are ly prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.). Also, by entering a sweepstakes or other Special Promotion, you are agreeing to the official rules that govern that sweepstakes or other Special Promotion, which may contain specific provisions applicable to you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice or likeness in advertising or marketing associated with the promotion.
If you make a purchase or enter a promotion (such as a sweepstakes) in which the COMPANY is participating on a third party’s website (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (e.g., to send your order or deliver a prize).
If you submit to the Website a comment, photograph or other content to be published, online or offline (including on-air, in a DVD, or any other format), we may publish your name or other personally identifiable information in connection with publishing the content and you are hereby deemed to give us permission to do such.
VI. Information Collected by Other Means or Media.
VII. Information About Other People.
Some COMPANY Websites and Services may ask you to submit personally identifiable, as well as other information about other people and/or their affiliated companies. For example, in creating a Buyer Account, a Brand User will have to supply information about a Buyer.
Such information may be used to facilitate transactions among Buyers, Brand Users, the COMPANY, and third parties. As such, such information may be shared and used by all such parties to the extent the COMPANY desires or otherwise allows such information to be shared. You are hereby accepting and agreeing to such use and sharing of information.
VIII. Customer Service.
Some Services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.
IX. Non-Personally Identifiable Information That We Collect.
As part of the registration process for some Services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your personal preferences, purchasing habits, and the like. This information is ly optional but may be included in your User Account profile. COMPANY requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.
X. Cookies and Related Technology.
A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in , any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. The COMPANY may use web beacons to count visitors to the web pages on the Website or to monitor how our users navigate the Website, and the COMPANY may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.
XI. Not Intended for Persons Under 18.
COMPANY recognizes the sensitivity of personally identifiable information concerning children and minors. COMPANY is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”). This site is only intended for persons 18 and over. If you are under 18 years of age, immediately discontinue use of this site and leave this Website. The COMPANY will not knowingly collect, maintain, or disclose any personally identifiable information from a person under 18.
If you are a parent or guardian who has discovered that your child under the age of 18 has submitted his or her personally identifiable information without your permission or consent, COMPANY will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child’s information, please send an e-mail to email@example.com and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted.
XII. Use, Disclosure, and Sharing of Information.
a. Non-Personally Identifiable Information.
From time to time, COMPANY may use and share with third parties aggregate, non-personally identifiable User information to show demographic and preference information among users of the COMPANY Web sites. For example, the COMPANY may produce and share with others “trend reports” using such aggregate, non-personally identifiable User information, generated based on information gathered on Users from order information (i.e. products purchased, amount spent, type of product, addresses to be shipped to etc), retailer information related to purchases (i.e. type of retailer and their buying habits) and brand information (i.e. type of product a Brand showcases).
When you visit or download information from this Website, our web servers may automatically collect website usage information. Website usage information is non-personally identifying information that describes how our visitors use the Website. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting the Website, and IP addresses (see below for more information on IP addresses). COMPANY may use IP addresses for a number of purposes, such as system administration, to ly determine your computer’s server location, to report aggregate information to our business partners or to audit use of the Website. We also may determine your screen resolution and the technology available in order to serve you the most appropriate version of a web page, e-mail or similar service.
b. Personally Identifiable Information.
COMPANY uses information about you to deliver the Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers in which you might be interested, and to improve and enhance our sites and Services. If you provide COMPANY with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.
When you create a User Account or accept one, you are opting in to receive e-mail from us. You can always opt out of future marketing messages by following the directions in each message to “unsubscribe”. However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.
As stated in the TERMS AND CONDITIONS, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of a COMPANY Website or Service, of any information about you contained in the applicable COMPANY database, if COMPANY or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of COMPANY’s or such COMPANY company’s assets related to the applicable site or Service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Website or any related Service signifies your agreement to be bound by the TERMS AND CONDITIONS the Website’s or Service’s subsequent owner or operator.
As stated above in Section V, COMPANY may also work with third parties to provide some Services on our Websites. In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on COMPANY Websites are prohibited from using our customers’ personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of COMPANY Services) by a third party who participates in a Service on one of our sites, do not opt in to such use by that third party when you register to participate in the Service.
c. Information Disclosed to other Users of this Website.
The Services of the Website include functionality that may allow you i) to market or advertise your services or items you wish to sell (such as clothing and other fashion related items), ii) view information about or contact others about the services or items they wish to sell, and/or iii) transact with others. When you seek to market or advertise the services or items you wish to sell, you are consenting that information related to such services or items, as well as your identity and contact information, will be shared publicly with other users of the Website. When you seek to contact others about the services or items they wish to sell, you are consenting that information about you, such as your interests, preferences, identity and contact information, will be shared with those you are seeking to contact. When you seek to transact with others, your communication will be shared with those you are seeking to transaction with, as well as your identity and contact information.
Some COMPANY Websites and Services may ask you to submit personally identifiable information, as well as other information about other people and/or their affiliated companies. Such information may be used to facilitate transactions among Buyers, Brand Users, the COMPANY, and third parties. As such, such information may be shared and used by all such parties. You are hereby accepting and agreeing to such use and sharing of information.
Some of the ways that such information of Buyers, Brand Users and other third parties may be shared and used are as follows:
a. Account holders of the Brand Accounts of a Brand User may be able to view all information of or regarding each other;
b. Account holders of the Brand Accounts of a Brand User may be able to view all information of or regarding Buyers for which such Brand User has either created a Buyer Account or associated such Buyer Account with the Brand User; and
c. Holders of Buyer Accounts that are designated as associated with each other by a Brand User may be able to view all information of or regarding each other.
XIII. Our Commitment to Data Security.
While the COMPANY takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Websites, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure. Consequently, COMPANY cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. The COMPANY cannot guarantee to Buyers that User Accounts are properly affiliated by Brand Users. Your use of the COMPANY Websites and Services is at your own risk. COMPANY urges you to take steps to determine what information you will submit to the Website, keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.
Whenever you give COMPANY sensitive or confidential information (for example, credit card numbers for Purchases), COMPANY will take commercially reasonable steps to protect the transmission of such information by establishing a secure connection with your Web browser. COMPANY employs a security technology known as a secure-socket-layer (“SSL”) to protect the transmission of payment information to the site. Unless otherwise specified herein or on the Website where you make a Purchase, credit and debit card numbers are used only for payment processing and are not retained for marketing purposes.
XIV. Hyperlinks To and From Other Sites.
COMPANY sites may frame, and/or contain links to, or advertisements about, non-COMPANY Web sites. Other sites may also reference, advertise, or link to COMPANY Websites. COMPANY does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-COMPANY sites, expressly disclaims any statements or assertions made on such websites, and denies and disclaims all liability associated with your use of, and the content on, such other sites and advertisements.
XV. Consent to Processing in the United States.
XVI. Contact Us Regarding Privacy.
Please note that information submitted to the Website via a “contact us, ” “help” or other similar e-mail address or form will not necessarily receive a response. We will not use the information provided to these e-mail addresses or forms for marketing purposes unrelated to your request.
XVII. Notification of Changes.