last updated September 7, 2016
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. We may also display interest-based ads to you when you are using Facebook and other social media platforms or websites through a tool offered by Facebook called the Custom Audience Tool or another tool offered by another social media platform. These tools allow us to personalize our ads based on your shopping experience with us. We do not share any of your personal information, including your shopping history, with Facebook or other social media platform in order to use these tools. These tools allow us to convert your e-mail address to a unique number that Facebook or other social media platforms uses to match to unique numbers it generates from e-mail addresses of its users. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org/choices or www.aboutads.info/choices.
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, which 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.
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.
COMPANY'S USE AND DISCLOSURE OF COLLECTED INFORMATION
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.
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.
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.
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 new york, 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.
WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?
WHAT ABOUT ONLINE SURVEYS?
COLLECTION IN AND TRANSFER TO THE UNITED STATES
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.
CHOICE OF LAW
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS' RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.© 2016 kate spade, llc. all rights reserved