Date revised and posted: October 5, 2016
2. What Information Is Collected?
We collect personally-identifiable information only if you choose to share such information with us. Whether or not you provide any of your personally-identifiable information is your own choice. If you choose not to provide the information we request, you may be unable to purchase products or access certain services, offers or content on our site(s). Please be aware that if you disclose personally-identifiable information on social media sites, website message boards or chat areas, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond our control.
NOTE FOR INTERNATIONAL USERS: The personally-identifiable information that we collect from you or that we may receive from our third-party vendors, including CrossBorder, may be transferred to and stored at locations in the United States of America, outside of the country or other economic area in which you reside (including the European Economic Area (“EEA")). The information may also be processed by staff who work for CUSHNIE, its affiliates or service providers, and who are located outside the country or economic area (including the EEA) where you reside. Such staff may engage in fulfillment of your order, processing of your payment and provision of support services, among other things. By submitting your personally-identifiable information and using the site(s), you agree to this transfer, storing and processing.
IP Address and Clickstream Data:
Our server automatically collects data about your server's Internet address when you visit the site(s). This information, known as an Internet Protocol address (an “IP Address"), is a number that is automatically assigned to your computer by your Internet service provider. When you visit the site(s), our servers may log your IP Address, domain name, location, language preferences, Internet service provider and other aggregate information. Our servers may also record the referring website or search engine that brought you to the site(s); the pages you visit on the site(s); the website you visit after the site(s); the ads you view or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the site(s) or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server and to administer the site(s). We may also link this information with your personally-identifiable information. Any or all of these activities with regard to website usage information may be performed on our behalf by our service providers including, for example, CrossBorder, Vantiv and Signifyd.
3. How Is the Collected Information Used?
We will use the personally-identifiable information to respond to your requests and to provide you with product and service offerings. For example, we will process your orders, respond to your inquiries and offer you products, services and features through the site(s). We may also use your personally-identifiable information to help us develop and improve the site(s), tailor the site(s) to your interests and maintain our internal records. We may match information collected from you through different means or at different times, including both personally-identifiable information and usage information, and use this information with information obtained from other sources. In addition, we may send you notices (for example, emails, mailings and the like) and correspond with you about products, services, companies, promotions, sweepstakes, contests or events sponsored by us or others that we think might interest you. CUSHNIE may offer electronic newsletters and emails as a service to our users. You will only receive a newsletter or promotional email from CUSHNIE if you agree during your activities on or through the site(s) or using our newsletter signup form to receive these items. Instructions on how to unsubscribe are included in each electronic newsletter and email. You may also opt out of receiving such notices by following the instructions in the “Choice to Opt Out" section below, or by submitting a request via email to our Customer Care Department at email@example.com. We may analyze user behavior as a measure of interest in, and use of, the site(s) and emails, both on an individual basis and in the aggregate. We may also use the personally-identifiable information for fraud protection or credit risk reduction.
4. When Do We Share Personally-Identifiable Information and Usage Information with Others?
Co-Sponsored Contests, Sweepstakes and Offerings:
Some of our contests, sweepstakes and other offerings that made available on or through the site(s) from time to time may be co-sponsored by another company. In those situations, unless you instruct us otherwise, the information we obtain from you in connection with such contest, sweepstakes or offering may be shared with our co-sponsor and in accordance with terms disclosed in such contest, sweepstakes or offerings. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies and in particular in accordance with any specific disclosures made to you at the time you participate in such contest, sweepstakes or offering. We are not responsible for how our co-sponsors may use your information.
We may also share or cross-reference such information, including your personally-identifiable information, with unrelated companies you may be interested in so that the companies can directly market their products or services to you.
We use third party partners to provide our e-commerce solution and to help operate the site(s) and deliver our products and services. We may share your information with third party e-commerce solution partners, third-party payment providers (e.g., Visa, Mastercard and American Express), our affiliates, service providers and other third parties that provide products or services for or through the site(s) or for our business (such as site hosting or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications and other similar service providers that use such information on our behalf). We require our service providers to agree to maintain the confidentiality of your personally-identifiable information.
We may disclose to third parties aggregate statistics regarding user behavior to measure interest in, and use of, the site(s) and emails in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable anonymous information about you such as age, gender, types of products purchased, pages accessed most frequently or search terms used. Aggregate information is used in a collective manner and no single person can be identified by that compiled information. For example, the number of people who visit the CUSHNIE website who are 25 years of age is aggregate information that does not personally identify a specific user.
Legally Compelled Disclosures:
If CUSHNIE, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, personally-identifiable information may be one of the transferred assets. We may share personally-identifiable information and other information with entities controlling, controlled by or under common control with CUSHNIE.
Third Party Ad Servers:
If you provide us a wireless email address, you agree to receive messages at such address from CUSHNIE. Your wireless carrier’s standard rates apply to these messages, and you may change your mind at any time by following the instructions in the “Choice to Opt Out" section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received and that you are authorized to approve the applicable charges.
5. Choice to Opt Out
You will be given the opportunity to opt out of certain of our uses of your personally-identifiable information. For example, at the time you are requested to provide personally-identifiable information on the site(s), you may have the opportunity to elect to, or not to receive correspondence from us. If you wish to opt out of our correspondence, you may do so by clicking the “Unsubscribe" feature or by email: firstname.lastname@example.org. If you would like to access, verify, correct, update or delete your email address, mailing address or other information, please contact us the same way. You may also opt out of CUSHNIE’s promotional emails at any time by clicking on the opt-out link within the email you receive. Please note that it may take up to two weeks for your request to become effective and during such time you may receive email notifications from CUSHNIE. If you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, we will not be responsible for any communications that you may receive from entities that received your personally-identifiable information prior to such request. In these cases, please contact that entity directly.
Protecting your information is a priority for us. CUSHNIE has implemented reasonable safeguards to ensure the security, integrity and privacy of personally-identifiable information provided to the site(s). However, due to the inherent nature of the Internet, we cannot guarantee that information stored on our system or transmitted on the Internet will be absolutely safe from intrusion by hackers. No data transmission over the Internet can be guaranteed to be 100% secure. It may be possible for third parties not under the control of CUSHNIE to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot and do not guarantee or warrant the security of any information you transmit to us. Any such transmission is done so at your own risk.
If you contact us by email, you should be aware that your transmission might not be secure. A third party could view information you send by these methods.
If you create an account on the site(s) with a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the site(s) by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify CUSHNIE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify CUSHNIE when you wish to cancel your account on the site(s). To the maximum extent permitted by law, (x) we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision and (y) you agree to indemnify and hold harmless CUSHNIE, its affiliates for any improper, unauthorized or illegal use of your account.
We will have no liability for disclosure of your information due to errors or unauthorized acts of any third party. In the unlikely event that we believe that the security of your personally-identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and if we have your email address, we may notify you by email. You consent to our use of email as a means of such notification.
Third Party “Linked-To" websites:
It has become increasingly common for unauthorized individuals purporting to represent a legitimate company, such as a bank or on-line merchant, to send emails to consumers requesting that the consumer provide personal or sensitive information. Sometimes, the domain name of the email address from which the email appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing."
If you receive an email or other correspondence requesting that you provide any sensitive information (including your password for the site(s) or credit/debit card information) via email or to a website or individual that does not seem to be affiliated with the site(s), or that otherwise seems suspicious to you, please do not disclose such information, and report such request to us by calling 1-844-564-7839 or by emailing our Customer Care Department at email@example.com.
Children’s Privacy Statement:
CUSHNIE is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. Our site(s) are intended for adults. Accordingly, we do not knowingly collect personally-identifiable information from children under the age of 13 (or other age where parental consent may be required) without prior verifiable parental consent when legally required. If we become aware that we have inadvertently received personally-identifiable information from a customer without the legally required prior verifiable parental consent, we will delete such information from our records.
Information posted on social media, message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information.
7. Your Access Rights & Corrections
You may review and correct the personally-identifiable information that has been collected by CUSHNIE and is stored in your user account on the CUSHNIE website by logging in at “My Account" or by resubmitting your information using the “Subscribe" feature located on the CUSHNIE website or by contacting us by email at firstname.lastname@example.org. You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us address your request.
8. Consent to Processing
NOTE FOR INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your personally-identifiable information that is of the same level as that applicable under the laws of the EEA member state in which you are located.
9. Choice of Law / Arbitration
10. Your California Privacy Rights
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make such a request, please send us an email at email@example.com or write to us at Cushnie C/O Customer Care 251 W 39th Street, 8th Floor, New York, NY 10018. Indicate in your letter that you are a California resident making a “Shine the Light" inquiry.
11. Questions and comments