Effective Date June 2018
We take the privacy, security and confidentiality of your information, including any personally identifiable information ("Personal Data" or "PII") extremely seriously. Accordingly, we take commercially practicable precautions to ensure the security and confidentiality of that information. We also want you to know what information we collect, why, and how we will treat it once collected. Finally, we want you to be able to have control over your Personal Data so that if you need to update or to correct your information or want to opt-out of receiving certain communications, you can do that easily. In short, this Policy is for you. Please read it carefully.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against NYDJ on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
BY ACCESSING THE SITE AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL AND NON-PERSONAL DATA OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS POLICY.
What Information Is Collected?
We may collect and store personal information and non-personal that you provide to us via the Site or that you provide to our Customer Service Department, as further described below.
1. Personal Data
We may collect Personal Data ("PII") from users of the Site in several instances. Some examples are as follows:
- We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within our stores. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
- We may collect your name, email address, mailing address, zip code, date of birth, if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Site, and to facilitate checkout during purchases.
- We may collect your name, email address, and zip code if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
- We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.
- We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
- We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.
We also may obtain, collect and aggregate information (including Personal Data) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers, customers, or website visitors, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How Can I Access, Correct and Update My Personal Information?)
The above section provides examples of the Personal Data that we may collect through the Site and the manners in which we may use such Personal Data. If you do not want us to collect your Personal Data, please do not provide it to us.
2. Non-Personal Data:
You do not need to create an account with us to use the Site. When you use the Site, including by browsing our merchandise and/or contacting us with inquiries, we collect certain non-identifiable information ("Non-Personal Data"). The Non-Personal Data we collect includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of your device and software, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Site, the time of your usage and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you. This information is used to analyze and to improve the Site and to provide our customers with a fulfilling shopping experience. We also may receive certain Non-Personal Data (including, without limitation, of the types set forth above) from various third parties. The Non-Personal Data we receive from third parties may be combined with the information we collect as specified herein, including Personal Data, to help improve our Services. If Non-Personal Data is combined with Personal Data, it may be viewed as Personal Data. However, where the data remains non-personally identifiable, it will still be viewed as Non-Personal Data. We provide additional information on our Non-Personal Data collection below:
3. Cookies and Other Session Identifiers:
Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted. While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Site, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Site. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this. Please note that our online services cannot always control third-party cookies stored on your machine from our online services and that setting your cookie preferences with us will not stop those third-party cookies from being stored on your machine. Therefore you must manage these cookies directly with the relevant third party.
4. Other Websites, Including Mobile Applications and Social Media Platforms:
How Can I Access, Correct and Update My Personal Information?
You have the right to see information we hold about you, with some exceptions which are described in the privacy laws. If you would like a copy of your personal information, please contact our privacy officer at email@example.com. You may need to pay a processing fee.
You have the right to review and update your personal details. If for any reason you are concerned that the personal information we hold is not correct, please visit our online services and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, our Customer Care team, may access your personal data from our online services using your user ID and password. Information may be changed online within “My Details”, “Shipping Details” and “My Email Preferences”. You can change or delete saved credit/debit card details each time you make a purchase. You will also be able to delete saved credit/debit card details by adding or editing a shipping/billing address. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through security validation checks. If you prefer, you may contact us by email at firstname.lastname@example.org and we will amend your personal details.
How Do We Use the Information Collected?
1. Personal Data
We may use Personal Data as necessary and to fulfill your requests and to provide our Services to you, including in the following ways:
Access and Use: If you provide Personal Data in order to obtain access to or use of the Site or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Site or functionality and to monitor your use of the Site or specific functionalities.
Internal Business Purposes: We may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Site, to better understand our users, to improve the Site, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Site and our business.
Marketing: We may use your Personal Data to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Site which may be of relevance to you. If you wish to change or update your Personal Data or to change your subscription preferences, you may do so as provided herein.
Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.
Aggregated Personal Data: In an ongoing effort to better understand and to serve the users of the Site, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Data and other information that has been provided or received by us. For example, we may combine information about visitors to the Site to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is classified and treated as Non-Personal Data under this Policy.
Do We Share Your Information?
We are not in the business of selling Personal Data. We consider this information to be a vital part of our relationship with you. We do not share with others, or sell or rent to others, any Personal Data provided to us through the Site or through our Customer Service Department, except with your consent or as described in this Policy. Additionally, we seek to receive your consent before sharing your information. However, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. Examples of instances in which we share your Personal Data are provided below:
Order Fulfillment: If you choose to make a purchase on the Site, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Data provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
Third Parties: The Personal Data that you provide to us, and information about your order, may be combined with other personally identifiable information from our records and from third party sources. This information will be used to enhance our future marketing efforts. This information may also be shared with our third party service providers and other marketers whose products or services may be of interest to you. If you prefer we do not share your Personal Data with these types of parties, please email us at email@example.com.
Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Site or the public or (iv) to protect against legal liability or potential fraud, in each case as determined in our sole discretion.
Other uses: If we intend to use any Personal Data in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.
2. Non-Personal Data
Non-Personal Data does not and cannot be used to personally identify you. We may use such information for any lawful purpose, including sharing Non-Personal Data with our marketing partners, advertisers and others from time to time. Examples of such Non-Personal Data include the number of users who visited the Site during a specific time period or purchased a specific product through the Site. This information generally is shared in an aggregated form.
What Steps Are Taken To Keep My Information Secure?
We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard Personal and Non-Personal Data. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Data.
We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Site, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We require passwords to consist of at least 8 characters, have an upper and lower case letter, and a special character. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically. If you wish to update a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at firstname.lastname@example.org.
Please be aware that we may store Personal Data or such information may be included in databases owned and maintained by our affiliates, agents or third party service providers. We take commercially reasonable steps to protect the security and confidentiality of all Personal Data provided via the Site from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Site may not always be secure. Please keep this in mind when disclosing any Personal Data via the Internet or by email.
We do not and will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email or telephone communication. Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is one of our priorities. If you receive such an email, please contact us to bring it to our attention. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing
What Choices Do I Have Regarding my Personal Data?
You have several choices available when it comes to your Personal Data. We will honor the choices you make regarding your Personal Data. If you have created and maintained a User Account on the Site, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided herein and update your contact information or to change your subscription preferences. In addition, you may:
Limit the Personal Data You Provide: You can use the Site and limit the Personal Data you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Data you provide and/or to disable cookies, you may not be able to use certain functionalities of the Site. For instance, in order to purchase goods and services on the Site, payment and shipping information must necessarily be provided.
Manage your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner.
For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Site, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.
Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Data with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
Third Party Advertisers: We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on our Site and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Site (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp orhttp://preferences.truste.com/truste/.
PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
What Happens When I Link To or From Another Web Site?
The Site may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures set forth herein do not apply to any Third Party Sites. The owners and operators of all Third Party Sites are responsible for all Personal Data and Non-Personal Data provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Site do not imply that we endorse or have reviewed the Third Party Sites, including their privacy policies, if any. We strongly encourage contacting those sites directly for information on their privacy policies.
If you have accessed the Site through a link from certain of our advertising or marketing partners, the Site may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Policy.
How Do We Respond to Do Not Track Signals?
Please note that our Site does not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.
Is Information Collected From Children?
Protecting the privacy of children is extremely important to us. The Site is a general audience website and are not directed at nor intended for use by children. We do not knowingly collect or intend to collect Personal Data from anyone who is under the age of 13. If you are under the age of 13, you should not provide any Personal Data to us and you should use the Site only with the knowledge, permission and involvement of a parent or guardian. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Policy by instructing their children never to provide Personal Data through the Site without parental consent. If you have reason to believe that a child under the age of 13 has provided Personal Data to us, please contact us and we will endeavor to delete that information from our databases.
Retaining Personal Information
We retain your personal information for so long as your account is open and for so long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws. We will retain de-personalized information after your account has been closed. Information you have shared with others will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other parties copied out of our Services. Groups content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.
What if I access the Site from Outside of the United States?
If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with privacy laws in the United States and this Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. Therefore, by providing your Personal Data, you consent to the use of your Personal Data for the uses identified in this Policy and to the transfer of your Personal Data to the United States as indicated above.
How Will I Be Informed About Changes Regarding This Policy?
The Site and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Policy. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data.
If we make any material changes to this Policy (as determined by us), we will post a notice on the Site notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes. This Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Policy become effective shall indicate your agreement with the terms of such revised and then-current Policy.
Arbitration; Claims Must be Brought on an Individual Basis
By using the Site, you agree that any dispute in any manner arising out of or relating in any way to this Policy, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") in the Los Angeles, California area. ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.
This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor We are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:
- You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other NYDJ customers, and cannot be used to decide other disputes with other customers.
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
Data Protection Officer
For information and questions about the use of your personal information, you may contact our Data Protection Officer at email@example.com.
Your California Privacy Rights, Our Contact Info & Requests for Information
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that consumers may request a copy of the PII that we hold about you. Consumers may also request information regarding the categories of PII that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the PII maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to Section 1798.83 of the California Civil Code, please contact us via email to firstname.lastname@example.org, or by writing us at the below address. Please allow 30 days for a response.
WHERE AND HOW TO ASK QUESTIONS OR CONTACT US ABOUT THIS POLICY