We value your trust and respect your privacy and are committed to protecting both. We believe that you have the right to know how we collect your personal information and how we use it. This privacy statement discloses the information gathering and dissemination practices for this web site: www.carterlux.com. By using this web site you accept and agree to be bound by the terms of this privacy statement. If you do not agree with this privacy statement please do not use this web site.
If you have any questions about this policy you can email us, or contact us by phone.
By accessing the Site and shopping in our Stores, you agree to be bound by the Privacy Policy. This Privacy Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the terms of this Privacy Policy, please do not use this Site and refrain from purchasing from us.
Our policies relating to the transfer of Personal Information from the European Union (“EU”) to the United States are contained in our European Safe Harbor Policy. (See below)
This privacy statement, provides the following information:
1. What information we collect from you.
2. How we use the information we collect.
3. Do we share your information ?
4. What choices are available to you regarding collection, use and distribution of your information.
5. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under our control.
6. How you can access and correct any inaccuracies in the information we collect about you.
Registration
In order to place an order on this web site, you must first complete the registration form. During registration you are required to give us contact information (such as name, country and email address). We use this information to contact you about the services on this web site. We may also use this information to inform you about new features, new services and special offers. If you do not want us to use your information to contact you about services or offers that may be of interest to you, you can opt out by following the instructions below under “Choice/Opt-out.”
Orders
We will also use information gathered on this web site to process your orders. If you purchase a product through us, certain personally identifiable information will be requested from you on your order form. You must provide contact information (such as name, email, telephone number and shipping address) and financial information (such as credit card number, expiration date). The information you provide us will be used for billing purposes and to fill your orders. If we have trouble processing an order this information will also be used to contact you.
Sharing Information With Other Companies or People
We do not sell, rent, trade, or lease your personal information for marketing purposes, or for any other purposes, other than as specifically identified in this privacy statement. We share your first and last name with Merchant for “transactional purposes.” Apart from our own marketing purposes, we will allow Merchant access to and use of your personally identifiable information to inform you about Merchant´s products, services and special offers. If you do not want us to use your personally identifiable information for marketing purposes, or if you do not want us to share your information with Merchant for Merchant´s marketing purposes, you can opt-out by following the instructions under “Choice/Opt-out” below. Other than as described herein, your personally identifiable information may be disclosed only in good faith when we are required to do so by law, or when disclosure is reasonably necessary for us to comply with legal process, respond to any claims, or to protect our rights, property or personal safety, our customers or the public.
Your personally identifiable information is only retained for as long as is necessary for us to render a service you have requested or to which you have given your consent, except where otherwise provided by law (e.g. in connection with pending litigation).
The information you provide to us will be transferred outside the European Economic Area for the purpose of processing by us, our affiliates and agents. By submitting your information, you agree to that international transfer. We meet the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
This web site logs IP addresses and browser types for systems administration and payment fraud control purposes. These logs are analyzed to manage payment fraud and improve the value of the materials available on the web site. User´s sessions are tracked, but the user remains anonymous. We link IP addresses to personally identifiable information to process your payments.
This web site also uses cookies. A cookie is a small text file that is stored on a user´s computer for record-keeping purposes. We link the information stored in cookies to personally identifiable information you submit while on this web site.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate this web site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser´s “help” file.
We use cookies to identify you during your session, to make services easier to use and to store items in your shopping cart between visits. Cookies are never used to store sensitive customer information such as names, addresses, credit card numbers or passwords.
Acceptance of cookies is not a requirement to browse this web site. Most browsers automatically accept cookies, but you can configure your browser to prevent that.
This web site contains links to other web sites, including Merchant´s web site. By clicking on any of these links, you acknowledge that we are not responsible for the content of such links. Moreover these web sites´ privacy policies may differ from this privacy statement. We strongly encourage you to read the privacy statement of any web site you may visit.
Order-related and Promotional email
You agree that carterlux.com is authorized to transmit email to you for the purpose of informing you about your particular transaction.
In addition, carterlux.com and its affiliates may offer electronic newsletters and promotional emails to those who have agreed to receive emails during registration or directly from our email sign-up form. Unsubscribe instructions are included in each promotional email.
Use of Pixel Tags/Clear GIFs/Web Beacons
A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
The Platform for Privacy Preferences Project (“P3P”) is a standard developed by the World Wide Web Consortium (“W3C”) that provides an automated, machine-readable mechanism for understanding the use of your Personal Information by the Web sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a Web site’s privacy policy to provide a cross-section of how the particular Web site handles the personally identifiable information of its users. P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled Web sites and compare this information to the user’s own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set cookies to deliver P3P “compact” cookie policies with their cookies, and other browsers may use this mechanism soon. To enhance your online experience further, the Site is now P3P enabled. For more information on the W3C and P3P, please visit http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe carterlux.com’s privacy practices as accurately as this Privacy Policy. Accordingly, where discrepancies exist between this Privacy Policy and the P3P “compact” policies, this Privacy Policy shall control.
Protecting your privacy and your personally identifiable information is a top priority. We take commercially reasonable precautions to protect your personally identifiable information. We maintain physical, electronic, and procedurals safeguards in order to protect against the loss, misuse or alteration of your personally identifiable information. When you enter sensitive information (such as credit card number) on order forms, this information is encrypted using secure socket layer technology (SSL). Once your information is received by this web site it is stored behind a firewall. We ensure that all of our employees are aware of these privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs. Despite all of these precautions, by using this web site, you acknowledge that the Internet is inherently insecure and that there is always a risk that your personally identifiable information could be intercepted or otherwise accessed and improperly used.
Carterlux.com is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.
Our Site and affiliate sites are not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer 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.
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of carterlux.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither Carter Lux nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.
Accessing and Correcting Your Information
If at any time you decide that you do not want either us or Merchant to use any of the personally identifiable information collected on this site, or if you believe that this information is incorrect, you should email us. Upon receipt of any notification from you regarding the preceding sentence we will promptly stop using your personally identifiable information, or, if it is the case, promptly correct any incorrect information, and we will require Merchant to do the same. We strongly encourage you to request a confirming e-mail in the event you send your request by e-mail, or if you contact us by mail you should do so via certified mail, return receipt requested. In most cases, you can expect a response to your request within 14 business days.
Notification of Changes to Privacy Policy
We reserve the right to modify, add or remove portions of this privacy statement at any time. The latest version of this privacy statement is contained on this web site and indicates the date that it went into affect. You are encouraged to review this privacy statement whenever you use this web site to make sure you always understand how your information is used. If changes are made to this privacy statement, those changes will be posted on this web site. If at any point we decide to use your personally identifiable information in a manner that is materially different from that stated at the time it was collected, you will be notified by email. If Merchant decides to use your personally identifiable information in a materially different manner we will use reasonable efforts to notify you of such change. You will always have a choice as to whether or not your information is used by us in a materially different manner.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND/OR APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND/OR APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND/OR APPLICATION IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DOES NOT WARRANT THAT THIS SITE, APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM OUR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND/OR APPLICATION, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
These terms will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles, CALIFORNIA, and each party irrevocably consents to the jurisdiction of such courts. Neither party may assign this Agreement, by operation of law or otherwise, without our prior written consent of the other party. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. A failure by either party to enforce the strict performance of any provision of this Agreement will not constitute a waiver of said party’s right to subsequently enforce such provision or any other provision of this agreement.
Any Personal Information collected by us in the Europe Union (“EU”) and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data (the “EU Data Directive”). As described below in this policy (this “European Safe Harbor Policy”) and in our Online Privacy Policy and Privacy Statement of carterlux.com, we adhere to the EU Data Directive’s “Safe Harbor Principles.” General information about the Safe Harbor Principles may be found at http://europa.eu.int/comm/internal_market/privacy/index_en.htm .
All Personal Information that we collect will be used only for the purposes described in our Online Privacy Policy and Privacy Statement. You should know that you always have the opportunity to choose to have us remove your Personal Information from our database and/or refrain from disclosing such information to any third party. Please send any such opt out requests in writing to our Chief Privacy Officer, at the address noted above.
To the extent that we transfer any Personal Information from the EU to the United States, we take reasonable steps to assure that the information which is transferred is reliable for its intended purpose, accurate, complete, and current. We also take reasonable measures to protection such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
Any third party that assists us in the processing or maintaining our database of Personal Information is required by us to agree to provide at least the same level of privacy protection as is mandated by the Safe Harbor Principles described in the EU Data Directive.
We are committed to educating our employees, customers, and users about compliance with the EU Data Directive. If you have any questions, concerns, or complaints about our compliance with the EU Data Directive, please contact our Chief Privacy Officer at the address provided above. Our Chief Privacy Officer will provide details regarding the process to be followed when filing a complaint.
We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles of the EU Data Directive. Any other controversy or claim arising out of or relating to our adherence to the EU Data Directive, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply New York law, without regard to it conflict of laws principles, as well as the Safe Harbor Enforcement Principle issued by the U.S. Department of Commerce (http://www.export.gov/safeharbor/SHPRINCIPLESFINAL.htm ). In addition, the exclusive location for such arbitration shall be Los Angeles, California. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.
We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:
Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
consumerline@ftc.gov
www.ftc.gov
