PRODUCTS, CONTENT AND SPECIFICATIONS. All features, content, specifications, products and prices of products and services described or depicted on the APG Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the use and sale of any item purchased from the APG Website.By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner. Any pre-printed terms and conditions on any document that you regularly use with your other vendors will be null and void and of no consequence whatsoever in interpreting the parties' legal rights and responsibilities as they pertain to any of the contemplated transactions provided through this Website.
INTELLECTUAL PROPERTY. The APG Website www.adriannapapell.com contains copyrighted material, trademarks and other proprietary information including text, photos, videos and graphics. APG owns, or has the right to use intellectual property therein, including the selection, coordination, arrangement and enhancement of the APG Website, and the publications contained therein or delivered thereby, as well as in the content original to it. No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products, processes and other proprietary rights of APG is granted to or conferred upon you. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the APG Website or any portion thereof. APG hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring APG brand and its products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on the APG Website. Any unauthorized use of any material contained on the APG Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Any other use of materials on the APG Website including reproduction for purposes other than those expressly permitted herein, modification, distribution or republication, without prior written permission of APG is strictly prohibited. Any copy made by you as permitted herein must retain all copyright and trademark notices, including any other proprietary notices contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
SCOPE OF THE POLICY. This Policy applies to APG’s treatment of Personal Information (defined below) that APG collects through the APG Website and when you use any of our services or buy our products. The Policy does not apply to the practices of companies whose websites may be linked to the APG Website. For access to the privacy policies of such linked websites, please refer to the information provided by such websites at their home pages. Also see the paragraph below under the heading "Hypertext Links."
PERSONAL INFORMATION COLLECTED AND USE.
APG collects customer or user information to facilitate and enhance your shopping experience. This Policy was implemented by APG to assist its customers in understanding what information we gather or collect about you when you visit our Website and how we use and share such information and, most importantly, what safeguards we have in place to protect such information and your privacy rights.
Other than Personal Information (as defined herein), any material, information, suggestions, ideas, concepts, photos, posts, questions, comments, reviews or other communication you transmit or post to the APG Website in any manner ("User Generated Content” or “UGC”) is and shall not be considered confidential and/or proprietary to you. APG may use UGC for any purpose whatsoever including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes, without the need for additional compensation of any sort to you. We shall have no obligation to use, return, review, or respond to any UGC. We will have no liability related to the content of any such User Generated Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the sole right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
Personal Information covered by this Policy shall mean any 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 the Website's server. We may also ask you to provide us with certain Personal Information in connection with the use of this Website in connection with the services provided by our Customer Service Department. For example, we may ask you to provide certain Personal Information when you place an order on the Website, choose to sign up for an email newsletter, or participate in a promotional event.
HOW WE COLLECT PERSONAL INFORMATION.
Personal Information is used to provide the products and services that our customers have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. On such occasions, we may ask for your name, email address, zip code and Personal Information concerning your interests, occupation, gender, wedding plans and other demographic information. APG also automatically receives and records information from server logs from your browser including “cookies” information relating to pages requested. (See our Cookies and Other Tracking Technologies Policy below for more details).
The Personal Information we collect may also be used to contact you about sales, special offers, and new features or services on the Website, unless you have opted not to receive promotional communications in connection with this Website. 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 Website's features.
APG does NOT collect Personal Information from persons under the age of 18. If you are under the age of 18, please do not submit any such information to us. If you are the parent or guardian of a person under the age of 18 who has provided such Personal Information to us, please inform us (through the APG Website or telephone number listed below) and we will remove the Personal Information from our database as described further below.
ALL PERSONAL INFORMATION IS PROVIDED VOLUNTARILY.
No person (of any age) is required to provide APG with any Personal Information. If you do not wish to provide us with Personal Information requested, you are free not to do so. When you provide us with Personal information through the APG Website or other means, it is presumed by us to be voluntary and with your consent to the uses described herein. If after submitting Personal Information to us, you wish to "opt-out," please contact APG by emailing email@example.com and we will remove your information from our database as set forth below in the section titled "Managing Your Information." Please know that such a decision will not stop advertising or content that is generated prior to the time when we can accomplish the removal of your information.
You may receive communications from APG, including but not limited to promotional or marketing e-mails, newsletters and other advertising, and such receiving communications from us is optional. You will be given the opportunity to “opt out” or stop receiving such e-mails at any time. If you do not want to receive such communications, to opt out simply send an e-mail us by clicking on the “unsubscribe” link within our marketing emails or by emailing firstname.lastname@example.org. There is no charge to you to unsubscribe.
UPDATING YOUR INFORMATION.
We prefer to keep your Personal Information accurate and current. To do this, we provide you with the opportunity to update or modify your Personal Information including billing and shipping information by logging into your Website account.
MANAGING YOUR INFORMATION.
You are entitled to request access to and correction of all your Personal Information collected by us via the APG Website, as well as to require us to delete your data if you no longer want us to process it. You can make such a request or a related inquiry by sending an email to email@example.com or by calling 1-800-325-9450. You can find out more details by emailing or calling us as provided above.
CATEGORIES OF INFORMATION WE COLLECT FROM YOU ON THE APG WEBSITE.
You may choose to provide Personal Information (such as name, contact details and payment information) through the APG Website and through the other channels described below. Please be advised that all of this information provided by you constitutes Personal Information covered by this Policy. Here are the ways you may provide the information and the types of information you may submit:
· Shopping. You may want to purchase our products on the APG Website. To process your purchase, we ask for your name, billing and shipping address, telephone number, email address and payment card information. We use this information to process your purchase, confirm your order and deliver the items to you. If you give us permission, we may also use your contact information to communicate with you about our products, services and promotions.
· Gift Cards. If you purchase an item or gift card on the APG Website or ask us to deliver your purchase to someone else, we ask for the recipient's name, postal address and email address. We use this information to send the gift card or item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.
· My Account Feature. You may be able to create an account on this website. To do so, we ask for information such as your name and email address. You also may provide your age and gender. Through the "My Account" feature, you can store billing and shipping information so you will not have to enter it again when you make another purchase on this site. You can also store payment card information and details of your past purchases. You can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address. You can also use the "My Account" feature to create a “wish list” of products you want and share your wish list by email with your friends, family and others. If you choose to share your list, we ask for your name and email address and the recipient's email address. This information is used only to email your list to your desired recipients. You can create and save an address book on your account. You can delete entries in the address book at any time. APG will not use or disclose the information you delete from your address book.
· Surveys, Sweepstakes and Promotions. On the APG Website, you may be able to participate in surveys, sweepstakes and other promotions. If you choose to participate in these promotions, we may ask you for your name, email address, postal address and telephone number. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
· Electronic Newsletters. You may be able to sign up on the APG Website to receive electronic newsletters and promotional emails from APG, including new ideas, special offers and event information. To sign up, we may ask you for your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, notices of new arrivals and invitations to specials sales and events at stores located near you. We also use this information to tailor our newsletters to reflect your preferences.
· Mobile Marketing. You may be able to sign up to receive communications about our products and services through your mobile device by submitting your mobile telephone number online or by texting us. If you sign up for mobile communications, we will send you information about our products, services and promotions via text message. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending text messages on your mobile device. APG is not responsible for these charges.
· Blogs. You may be able to submit comments to blogs we host on the APG Website. You may include Personal Information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.
· Email to a Friend. You may be able to share certain content from the APG Website with your friends. To send information to your friends, we will ask for your email address and that of your friends. We will use this information only to fulfill your request. We do not retain the information you provide in connection with this feature, except to send the requested content. We will not include any advertisements within the messages sent to your friends.
· Contact Us. If you communicate with us through the “Contact Us” link on this Website, we may ask you for your name, email address, zip code and telephone number. We will use this information to respond to and communicate with you about your questions and comments.
· Other APG Website Features. We offer visitors to the APG Website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain Personal Information so we can provide you with these features and send you communications about our products, services and promotions.
PERSONAL INFORMATION WE RECEIVE FROM THIRD PARTY PROVIDERS.
INFORMATION WE SHARE WITH THIRD PARTIES. We share any of the Personal Information we receive (listed above) for our business and commercial purposes and as more specifically described below.
· Service providers. We share Personal Information with service providers that provide services to us, including to help us conduct surveys, maintain our databases and the Website, administer emails, and analyze the Website usage activity.
· Third parties. We also share Personal Information with third parties to help us provide merchandise and services to you such as fulfilling and delivering orders, processing payments, taking and processing gift card and eGift Card orders, facilitating and publishing product ratings and reviews, performing social media functions, and administering drawings or contests. In these situations, you are using and directing us to intentionally disclose Personal Information (including personal identifiers and financial information) so our merchandise and services and your requests can be provided to you.
· Affiliates. We may share your personal identifiers (such as name, mailing address, phone number, and email address) and commercial transaction information with affiliated companies or co-brand partners who may provide you with information about their products or services or the products and services of their affiliates.
· Publication. If you choose to participate in a survey, product review or rating, or rate a review as helpful or not helpful, you may be providing information to a third party whom we use to process product ratings and reviews. Product ratings and reviews may be published on the APG Website, in emails, on television, and on social media platforms. Published ratings and reviews may identify the author’s partial name and locale. In these situations, you are using and directing us to intentionally disclose Personal Information (including personal identifiers) so your product ratings and reviews can be available to the public.
· Merger, sale, or other asset transfers. In the event of a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another business unit (whether by private sale, through operation of law, as part of a divestiture plan, or otherwise), we will provide any Personal Information and transaction history associated with each such business unit to the persons and/or entities assuming control of such business unit and our advisors or as otherwise necessary to complete the transaction as permitted by law or contract.
In compliance with the laws of the EU and other applicable international laws and regulations, APG maintains separate policies and procedures to address its obligations concerning data collection and data privacy of our international customers. Please see APG’s separate GDPR Policy regarding our EU privacy obligations and your rights.
APG collects various types of Personal Information from and about California residents both online (at the Website) and offline during through our customer service team. Please see APG’s separate policy regarding
our California privacy obligations and your rights.
· Access to Your Personal Information: You have the right to request a copy of the Personal Information we collect about you, the source of the Personal Information and to whom it was disclosed, which we will provide back to you in electronic form. For your own privacy and security, in our discretion we may require you to prove your identity before providing the requested information.
· Deletion of Personal Information: You also have the right to request that we delete Personal Information that we process about you, except we are not obligated to do so under certain circumstances, such as if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
· Do Not “Sell”: You have the right to opt out of the “sale” of your Personal Information. We share your Personal Information with third party web analytics services, such as Google Analytics. This sharing may be considered a “sale” under some applicable state laws, including California. To opt out of this use by Google Analytics, please email firstname.lastname@example.org
· Non-Discrimination. You also have the right not to receive discriminatory treatment for exercising these rights listed above as California Residents.
APG shall provide you with a cost-free means to opt-out of such sharing. If you want to instruct us to no longer share your Personal Information with third parties who will use it for direct marketing purposes, please let us know by contacting us at the following email address: email@example.com.
To make requests, California consumers may email us at firstname.lastname@example.org. Consumers will be required to submit their name, email address, and telephone number, and may also be asked to provide their address, and a recent order number so that we can verify the request. Please provide as much of the requested information as possible to help us verify the request. We will only use the information received in a request for the purposes of responding to the request.
CATEGORIES OF INFORMATION WE AUTOMATICALLY COLLECT. We obtain certain information by automated means when you visit our Website, such as the IP address of the device you use to connect to the Internet and the pages
accessed. By collecting this information, we learn how to best tailor our Website to our visitors and understand what products and services you may prefer. We collect this information through various means, such as
"cookies" and "web beacons." Both APG and our service providers may collect this Personal Information about your online activities over time and across third-party websites from the following additional means:
· “Web Beacons and Tags” (also known as “clear GIFs” or “pixel tags”) are typically one-pixel images that are embedded on a page of the APG Website or in our communications, such as an email message. These technologies help us to verify when a certain page of Website is viewed, when a message is opened and when links or other content in a message are clicked or viewed. We use the information collected through web beacons, tags and other similar technologies for similar purposes as the information collected through cookies, as described above.
· “Flash Cookies/Local Shared Objects” and other similar technologies (referred to herein as Local Shared Objects or "LSOs"), which allow a website to store certain information locally on an individual's computer or device and then access and use that information to enhance and facilitate certain website experiences, processes and functionality. Flash cookies and other LSOs are different from typical browser cookies (as described above), and therefore the cookie management tools provided by your web browser may not enable you to remove flash cookies or other LSOs.
· Web Analytics. We use third party web analytics services, such as Google Analytics, to help us track and analyze the use of the APG Website and to measure the effectiveness of our advertising, site content and communications. These service providers’ tools, including, for example, cookies, tags and web beacons, help us to gain this understanding. To opt out of this use by by Google Analytics, please email email@example.com
CHILDREN’S PRIVACY. The Children’s Online Privacy Act imposes certain restrictions on websites directed toward children under the age of 13 and that knowingly collect information on children under 13. APG does NOT knowingly collect any Personal Information from children under 13. No one under the age of 18 should submit any Personal Information this Website or any other website without the consent of a parent or guardian.
SECURITY APG maintains reasonable standards of confidentiality and security for this Website and mobile apps and the Personal Information collected from the APG Website. The Personal Information you provide is secured using industry standard e-commerce security technology. APG restricts its own employees’ access to the Personal Information. However, it is possible that someone may intercept or access communications, transmissions, and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with the APG Website, and you should remember to log off of the APG Website a once you have completed your activities on there or if you have decided to step away from your computer. In the event that APG determines that there has been a security breach resulting the unauthorized disclosure of Personal Information to a third party, we will notify consumers whose Personal Information has been so disclosed by posting such information on the APG Website, but also, if email contact is possible, then APG would send an email advising of the status.
PHISHING, SPOOFING & OTHER SCHEMES. It has become increasingly common for hackers, cyber-criminals and other unauthorized individuals to send emails and other communications to consumers purporting to represent a legitimate company, such as a bank or an online retailer, and requesting through those communications that the consumer provide personal, often sensitive, information. Sometimes, the domain name of the sender’s email address, or the domain name of the website requesting such information, may appear to be the domain name of a legitimate, trusted company. If you receive a request to provide sensitive information or Personal Information such as your account password, or any payment information via email or to a website or individual that does not seem to be affiliated with the APG Website or APG, or that otherwise seems suspicious to you, please do not respond or disclose your information. APG will never send you an email requesting that you verify any credit card information, financial information or other sensitive personal information.
We encourage you to take steps to help protect the confidentiality and security of your Website account and Personal Information by periodically reviewing your account and immediately reporting any unexpected activity or unrecognized information; installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses; using complex and diverse passwords; keeping your password private; password protecting your computer and mobile device; and signing out of your Website account before closing your internet browser.
Should you receive such suspicious communications or requests for information, please immediately report any such communication or request to us at firstname.lastname@example.org.
COUNTERFEIT PRODUCTS. Additionally, APG works with customs authorities, law enforcement and legal representatives globally in an effort to prevent the sale of counterfeit APG products, both online and offline. To avoid the risk of purchasing counterfeit products, it is best to buy directly from the only official APG Website (www.adriannapapell.com), or an authorized department store, specialty retailer or e-retailer that you know to be reputable. To report counterfeits, please email email@example.com
PCI OVERVIEW. The Payment Card Industry Data Security Standard (PCI DSS) is a security standard which at Tier 1 Certification and compliance ensures unbeatable security and protection of sensitive customer information
including credit cards. The requirements for Tier 1 Certification include:
· Security management policies;
· Security policies;
· Security procedures;
· Network architecture;
· Software Design;
· Critical Protective Measures.
Websites go through a rigorous independent audit and significant investment to attain Tier 1 PCI DSS certification. The purpose is to ensure that their customers' data is as safe as possible when they purchase products online.
You may post or upload content or UGC you have created, including without limitation, photographs, your social media handle, videos, and comments to your social media accounts. By posting and/or uploading UGC to AdriannaPapell.com or that you have tagged with #adriannapapell or @adriannapapell or other Adrianna Papell brand hashtags or mentions on social media platforms including Instagram, Facebook or Twitter, you grant to APG, its third-party service providers who provide content management services, and APG’s retail partners (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Adrianna Papell tagged UGC in any manner to be determined in the Licensed Parties’ sole discretion including, but not limited to, on their webpages, social media pages operated by APG and in other marketing, promotional and advertising initiatives, in any media now or hereafter known.
APG may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your UGC in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your UGC. You hereby represent and warrant that (i) you own all rights in and to your UGC, (ii) you have permission from all person(s) appearing in your GC to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your UGC as described herein will not violate the rights of any third party or any law. You hereby release, discharge, and agree to hold Adrianna Papell the Licensed Parties, and any person acting on APG or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your UGC.