PRIVACY POLICY
THIS PRIVACY POLICY ("Privacy Policy") discloses the privacy practices for www.newyorkvintagearchive.com and affiliated websites, online store, mobile application and various related services (collectively, the "Application"). NEW YORK VINTAGE, INC., "the Archive", "NYVA", a New York corporation, the provider of the Application (hereinafter referred to as the "New York Vintage", "New York Vintage Archive"", "Company", "Us" or "We"). We are committed to protecting your privacy online. Please read the information below to learn more information regarding your use of this Application. You acknowledge and agree that this Privacy Policy is part of our User Terms & Conditions, and by accessing or using our Application, you agree to be bound by all of the terms thereof. If you do not agree to these terms, please do not access or use this Application.
We reserve the right to change this Privacy Policy at any time without notice. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review this Application and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the Application after such modifications constitutes your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by the modified Privacy Policy.
TYPES OF INFORMATION COLLECTED
In order to better provide you with our numerous services, we reserve the right to collect two types of information about our users: "Personally Identifiable Information" and "Non-Personally Identifiable Information." Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Application.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Application, such as ordering a product or service, submitting content, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the Application, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide may be identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We reserve the right to gather certain information about you based upon where you visit on our Application in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
COLLECTION METHODS AND USE OF INFORMATION
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your e-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send e-mail messages, submit forms or transmit other information by telephone or letter; or (e) submit your payment information and personal information when ordering and purchasing products on our Application. We may also collect information from you at other points on our Application that state that such information is being collected.
In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our Application and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at out Application.
We will primarily use your Personally Identifiable Information to provide our services to you, as required by our Terms & Conditions. We will also use Personally Identifiable Information to enhance the operation of our Application, fill orders, improve our marketing and promotional efforts, statistically analyze Application use, improve our product and service offerings, and customize our Application's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms & Conditions.
RELEASE OF INFORMATION
We do not sell, trade, or rent your Personally Identifiable Information to others. We do, however, reserve the right to provide products and services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our Application and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Application; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service. We may also provide your e-mail address to third parties to better provide our services.
By using the Application you acknowledge that the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information a governmental authority. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. It is our policy to fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related Application information to third party advertisers, when applicable, but these statistics do not include any Personally Identifiable Information.
UPDATING AND CORRECTING INFORMATION
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this Application. You may also access and correct your personal information by writing us at [email protected].
Please include your name, address, and e-mail address when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Application. In addition, it may be impossible to completely delete your information without some residual information because of backups.
DELETION
The User has the option to delete his account at any time. New York Vintage reserves the right to delete the User's account in the event that the User has not complied with the Terms and Conditions.
Once an account is deleted, the User will no longer have dedicated personal space on the Site and ALL data will be permanently deleted.
USER CHOICES ON COLLECTION AND USE OF INFORMATION
We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you e-mail or direct mail about products and services that we feel may be of interest to you. You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Application may not work properly in your case.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT
Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a subscriber is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. Please note: we may nevertheless maintain a record of that person's name and address in a "do not register" file to avoid subsequent registration by a child under the age of 13.
SECURITY OF INFORMATION
The Company protects your online order and registration information by using Secure Sockets Layer ("SSL") technology. SSL encrypts your order information to avoid the decoding of that information by anyone other than the Company. The secure mode begins when you initiate your order. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. You can double-check by looking at the URL line of your browser when accessing a secure service. The first characters of the Application address will change from "http" to "https". Some versions of the browsers and some firewalls don't permit communication through secure servers. In that case, you'll be unable to connect to the server so you won't have to worry about mistakenly placing an order through an unsecured connection. For any questions regarding payment for Pieces or the security of your payment information, please write to us at [email protected].
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Application cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
TECHNICAL LIMITATIONS
The Site is accessible 24 hours a day to any User who has access to the Internet, subject to force majeure and maintenance periods. New York Vintage Inc, undertakes to use all reasonable means at its disposal to provide the User with quality access to the Site.
Nevertheless, we reserve the right to interrupt access to the Site for the purpose of maintaining it or for any other reason that it deems necessary, without this suspension incurring any liability or entitlement to compensation from the User .
If a technical problem makes it impossible to access or use the Service offered on the Site, the New York Vintage Archive undertakes to make its best efforts to implement all the technical solutions at its disposal so that access is Restored.
The User is solely responsible for the proper functioning of the computer equipment which allows him to access the Site. In no event shall New York Vintage Inc, be liable for any damages that may occur on the User's computer system and / or loss of data resulting from the use of the Site by the User. Please note that while we have tried to accurately display the colors, details, and descriptions of all products, the actual colors you see will depend on your monitor and may not be accurate.
Consequently, We can always not guarantee the availability of the Site and / or the functionalities, nor the reliability and / or speed of the transmissions and the responsibility will not be engaged if it is impossible to access all or part of the Site and / Or its functionalities, or disruptions or difficulties encountered by the User in this respect.
COOKIES
When you use our Application we will store cookies on your computer in order to facilitate and customize your use of our Application. A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Application. The cookies make your use of the Application easier, make the Application run more smoothly and help us to maintain a secure Application. You are always free to decline our cookies if your browser permits, but some parts of our Application may not work properly in that case. We may use an outside ad serving company to display banner advertisements on our Application. As part of their service, they may place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Application in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
PRIVACY POLICIES OF THIRD PARTY SITES
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our Application have their own privacy policies and data collection, use and disclosure practices. Please consult each Application's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our Application may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
ACCOUNT RESPONSIBILITY
The User is solely responsible for the personal information provided upon registration to the New York Vintage Archive. User agrees to report any unauthorized use of said account by contacting [email protected]
New York Vintage will not be held liable in the event of fraudulent use of the User's account by a third party.
USER DECLARATIONS AND COMMITMENTS
In accepting membership to the New York Vintage Archive, User assumes the following terms in according with the governing laws and regulations in force in the USA, as well as public order and conscious morals;
Any behavior contrary to the present commitments will result in the immediate deletion of the User's account without prejudice to any legal action or damages applicable.
All photographs published on the Site are protected by copyright. The garments, ornaments and fashion accessories, mannequins, but not limited to the items listed are represented in these photographs are protected under copyright and design rights.
Accordingly, any extraction or re-use, by any means whatsoever, of all or part of the database contained on the Site is strictly prohibited and will be prosecuted to the fullest extent of the law. The user's disrespect of the aforementioned commitments will incur any fiduciary responsibility towards the beneficiaries and blacklist of account deletion.
Any attempt to misrepresent false information during the application process will result in an immediate deletion of account or application and blacklist from use thereafter, without prejudice to any legal proceedings or reimbursement.
If you have any questions about this Privacy Policy, the practices and policies of this Application, or your dealings with this Application, you may contact us at [email protected].