Last updated June 3, 2014
As explained in more detail below, we may allow ad exchanges, web analytics vendors, social networking platforms and other third-parties to collect certain data and other non-personally identifiable information when you visit our Site. These companies may use non-personally identifiable information (e.g., search and click stream information, browser type, time and date, the identity or type of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. By way of example, these companies may use a cookie or web beacon to collect this information. Our Site does not recognize browser "Do Not Track" signals, and please understand that we can't always control third party cookies stored on your machine from visiting our Site, but you may visit the relevant third party's website directly to manage cookies stored on your machine by them, and several of our service providers who utilize these cookies or beacons on our Site enable you to opt out of this behavioral advertising. To learn more about how to opt out of the behavioral advertising conducted by these providers you can visit http://www.networkadvertising.org/choices/.
Section .01 What information about me is collected and stored?
Personally identifiable information: personally identifiable information ("pii") is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). For example, when you create an account with us, your account information is stored on this Site's server. we may also ask you to provide us with certain pii in connection with the use of the Site, in connection with the services provided by our customer service department, in connection with a brick and mortar transaction (except where prohibited by law) or in connection with an off-line promotion or sweepstakes. For example, we may ask you to provide certain pii when you register with us, place an order on the Site, choose to sign up for an email newsletter, or participate in a promotional event. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used to contact you about sales, special offers and new website features, unless you have opted not to receive promotional communications in connection with this Site. We may also ask you to provide us with demographic information, information regarding your interests or similar information. Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site's features. We do not collect pii through third party advertisements on our Site and the pii we collect is not sold to third parties.
In addition, you may have the opportunity to provide us with the pii, such as name or e-mail address of a friend, such as when you choose the email addresses you supply us for those activities will not be retained for other purposes unless otherwise disclosed at the time you provide such information. We encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn't seem like we are "spamming" them.
Usage information: when your computer contacts our web servers (for example, when you visit this Site, or view an html e-mail), our web servers automatically collect Site usage information. Site usage information is non-identifying information that describes how our visitors use and navigate our Site. It can include the number and frequency of visitors to each webpage and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and ip addresses (see below for more information on ip addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. This information is used to analyze and improve this Site and to provide our customers with a fulfilling shopping experience.
The adobe flash player is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the world wide web. Almost all web pages you visit on the Internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools. To the extent the Google Display Network does not allow HTML5 local storage to be used for behavioral advertising, ad delivery, or multi-site advertising, company conforms to that.
Use of web beacons: our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, 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 or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including html based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.
Use of ip addresses: an ip address is a number that is assigned to your computer or network when you are linked to the internet. When you request pages from this Site, our servers log your ip address. We may use ip address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your ip address with the pii you provide. We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Section .02 is information collected from children?
We do not knowingly sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 13, nor do we collect any pii from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this Site only with the involvement of a parent or guardian and should not submit any pii to us. if we discover that a person under the age of 13 has provided Company with pii, Company will use commercially reasonable efforts to delete such person's pii from its system.
Section .03 Company's use and disclosure of collected information
Section .04 With whom does Company share information?
Third parties providing services on our behalf: we may engage third parties to perform services in connection with the operation of our business. examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) Site evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. These third parties may have access to this Site's user information, including pii, to the extent it is needed to perform their duties and functions.
Company's security: we may release information about our users, including pii, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company or any of our respective affiliates, business partners, customers or others.
Aggregate information: we may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
Promotions: if you choose to enter a contest, sweepstakes or promotion, your pii may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your pii or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the pii that you submit.
Section .05 What steps are taken to keep personal information secure?
We use a security protocol that is common in the industry for encrypting sensitive information and personal information that we collect. If you place an order through this Site, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our customer service department by email at email@example.com.
We strive to ensure the security of your pii on our systems, including limiting access to the pii contained on our servers. Whenever you give company sensitive or confidential information, that information is transmitted through a secure connection with your web browser. Unfortunately, no security measures are perfect or impenetrable and no data transmission over the internet can be guaranteed to be 100% secure. Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk.
Section .06 Community features
In consideration for your use of the Site's community features and functionality, you agree to (i) comply with the "community guide lines" set forth below. Users who violate the community guidelines, may, at Company's sole discretion, be permanently banned from using the Site.
Entering any community feature will constitute acceptance of the community guidelines. If you do not agree to abide by the community guidelines, please do not enter any community features.
You are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. listed below are some, though not all, violations that may result in Company terminating or suspending your access to community features on a temporary or permanent basis, as determined by Company in its sole discretion ("community guidelines"). You agree not to do any of the following actions while using any of the community features:
- Violate these community guidelines or abuse the community purpose of the chat areas.
- Participate in any part of the Site if you are under the age of 18.
- Use profanity, obscenities, or **asterisks** or other "masking" characters to disguise profane or obscene words.
- Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
- Impersonate other users.
- Attack (flame or "cyberbully") individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
- Post topics on message boards, on the Site or within any of the community features that are unrelated to the subject of the Site.
- Advertise or promote other companies or urls.
- Share pii with others on the Site.
- Include advertising in communications.
- Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.
- Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
- Distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
- Collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The exact url or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Information disclosed in community features is by design revealed to the public. The Site is not responsible for any information you choose to disclose to others. The Site reserves the right, but not the obligation, to remove any posts for any reason. Company does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. by posting or uploading community content to any community feature or submitting any other community content to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to and/or posting of any community content in any community feature shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any community content. without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the community content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the community content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the community content.
You agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any community content to any community feature or submitting any community content to Company, or your failure to comply with the community guidelines. Company does not and cannot review every message posted by users on the Site, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Site. Company reserves the right to, but is not obligated to, delete, move or edit community content, in whole or in part, submitted by you to the Site and/or Company for any reason. In no event does Company assume any obligation to monitor the community features or remove any specific material.
Section .07 Copyright notice
If you are a copyright owner and believe that any community content appearing on the Site or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the digital millennium copyright act ("dmca") by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:
5901 Westside Ave North Bergen, New Jersey 07047, ATTN: Legal Dept., Kate Spade LLC
Upon receipt of the written notification as outlined above, Company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. the alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person. by this filing, Company seeks to preserve any and all exemptions from liability that may be available under the dmca or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 usc 512c or elsewhere in the law.
Section .08 How can i access, correct and update personal information?
You can access, correct and update certain personal information that you have provided to us by clicking on "manage your account" within the help desk area of this Site.
Section .09 Your choices/unsubscribe
You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Additionally you may email us at firstname.lastname@example.org or write to us at Kate Spade Saturday, attn: customer service, 2 park avenue, new york, NY 10016. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.
Even if you are removed from any such list, 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. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the pii is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using pii shared before your opt-out may already be in process. Thus, your pii might continue to be shared with third parties for promotional purposes for some time after you make your request, for similar reasons, if your pii is shared with a third party, Company largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your pii, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
Section .10 What happens when I link to or from another website?
Section .11 What about online surveys?
Section .12 Collection in and transfer to the United States
Section .13 Sharing pages with friends
The Site may offer you the possibility to connect your accounts from third party social media sites, such as Facebook and twitter, through an application programming interface (API) or other software. By allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include PII. You likewise consent to our publishing on the Site any such information or actions you take on such third party sites. Additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site. It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from company.
Section .14 Choice of law
Section .15 Arbitration
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