PRIVACY POLICY

Last updated: June ____, 2013

The Vianel Group, LLC (the “Company”) and its brands value your trust. The Company collects certain information when you visit its website [www.vianelnewyork.com] (the “Site”) in order to improve your shopping experience and allow the Company to better communicate with you regarding its products and services. This Privacy Policy is intended to assist you in understanding what information the Company gathers when you visit the Site, how the Company uses that information and the safeguards the Company has in place to protect the information. This Privacy Policy applies to all information learned about or obtained from you when you visit the Site, whether you access the Site through a personal computer, mobile device or any other technology. This Privacy Policy does not apply to any other website, whether or not it is affiliated with or linked to this Site or to the Company or anyone associated with the Company, or to information collected offline or by any means other than through the Site.

By visiting the Site, you accept this Privacy Policy, the Site’s Terms of Use (the “Terms”), and the Site’s Shopping Policy, so please read those items carefully. The Company may modify this Privacy Policy from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of this Privacy Policy in effect at that time, and the Company’s use of information collected or obtained at any time is subject to this Privacy Policy in effect at the time of such use. If you do not agree to the provisions of this Privacy Policy, the Terms or the Shopping Policy, you must not visit the Site.

The Company complies with the privacy laws of the U.S. and makes no representation that this Privacy Policy, the Terms, the Shopping Policy or the Site comply with the laws of any other jurisdiction. If you choose to visit the Site, you do so at your own initiative and at your own risk, and you are responsible for complying with all applicable local laws and you waive any claims that may arise under such local laws.

Children

The Site is not directed at children and the Company does not knowingly collect Personal Information (defined below) from anyone under the age of 13 years. If you are a parent or guardian and believe that your child has provided Personal Information to the Site without your consent, for example by misrepresenting his or her age, please notify the Company.

Registration

In order to post User Content (as defined in the Terms) to and to access and use all of the features of the Site, including purchasing a product, you may be required to register for an account and to log in. As part of the registration process you will be asked to provide certain Personal Information and to provide a username and password which you will use to log in to access and use certain features of the Site and which the Company may use to identify you and to associate your postings and activity with you (collectively, “Account Information”).

You must be at least 18 years of age to register, and by registering, you certify that you are at least 18 years of age. You agree that your Account Information will always be complete, accurate and up-to-date. You shall not provide any false information in connection with the use of the Site. Also, you agree to update or correct any information that you have provided if such information becomes outdated or misleading. It is your responsibility to keep your Account Information confidential at all times. You may not use another person’s Account Information. You are solely responsible for all activity that occurs on the Site when someone is logged in under your username and/or password. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify the Company immediately. The Company may require that you change your Account Information or certain parts of your Account Information at any time for any reason. The Company may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all.

What the Company Collects

The Company and any third party(ies) it may engage to operate or maintain the Site may collect both personally identifiable information - that is, information that can be used to identify you, such as your name, street address, telephone number, date of birth, e-mail address, billing and account information or credit or debit card information (“Personal Information”) - and non-personally identifiable information from visitors to the Site such as purchases you make on the Site. You may request that the Company delete or modify your Personal Information in accordance with the Company’s Correction/Update Procedure below.

Information You Give the Company. The Company receives and stores any information you post on or provide through the Site, including Account Information, or through any other means, for example when you respond to a request for information or purchase a product. This includes any Personal Information you provide. Of course, you can choose not to provide such information, but then you might not be able to access or use portions of the Site.

Automated Collection. The Company automatically receives and stores certain types of information whenever you visit the Site, such as the name of the domain and host from which you access the Internet, the IP address of the computer you are using and the browser and operating system you are using, the date and time you access the Site, and the Internet address of the website from which you linked to the Site. The Company may log and use your IP address to administer the Site, to help diagnose problems with the Company’s server, to analyze trends, to track users' webpage movements, to help identify you and to gather broad demographic information for aggregate use.

The Company may use standard tools, such as “cookies” (which may be html files, Flash files or other technology), web beacons or similar technologies (collectively referred to as “Tracking Tools”). Cookies are small text files stored locally on your computer that help store user preferences. “Web beacons” or “clear gifs” are small pieces of code placed on websites used to collect advertising metrics, such as counting page views, promotion views or advertising responses. The Company may use Tracking Tools to monitor the Site and Internet usage and to improve or customize the content, offerings or advertisements on the Site. For example, the Site may use cookies to save and remember registration information or preferences that you may have set while browsing the Site, to ensure you do not see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you do not have to re-enter it each time you visit the Site.

In addition, on occasion the Company may also set a “session cookie” on the Site to help the Company administer the Site. The session cookie expires when you close your browser and does not retain any information about you after it expires.

The Company uses Tracking Tools only to gather information as indicated in this Privacy Policy. In many Internet browsers, you can choose to delete, disable, turn off or reject most Tracking Tools through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. Additional information on deleting, disabling, rejecting or turning off Tracking Tools may be available through your browser’s support feature. Please consult the “Help” section of your browser for more information.

By agreeing to this Privacy Policy, you are consenting to the use of Tracking Tools as set forth in this Privacy Policy.

The Company may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Providers”) to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site (“Targeting Services”). These Third Party Providers and Targeting Services may enable the Company to, among other things, display advertisements based on your visits to the Site and other websites you have visited, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. Third Party Providers do not have access to Tracking Tools set by the Company, but the Third Party Providers, as well as advertisers, may themselves set and access their own Tracking Tools and/or they may otherwise have access to information about you.

You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not within the Company’s control. Even if the Company has a relationship with the third party, it does not control those websites or their policies and practices regarding your information. This Privacy Policy does not cover any use of information that Third Party Providers or advertiser may collect from you. You should investigate and ask questions directly of them in this regard. Use of a third party’s Tracking Tools is subject to their own privacy policies.

If you do not want the benefits of these advertising cookies, you may opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp. However, if you do so you may not receive the full benefit from the use of the Site.

Finally, the Company’s web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Site. The Company uses the aggregate log data to improve access to the Site’s content based on the visitors’ browsers and operating system types to make the Site’s content available to as many users as possible. The Company does not link the “log data” collected to Personal Information. Third Party Providers may also collect aggregate log data independently from the Company.

How the Company Uses Your Information

The Company may, but is not obligated to, retain the content of any e-mails you send or information or data you provide by other means, including your e-mail address and other Personal Information, so that the Company may respond to your requests for information or questions, and comply with any legal requirements.

The Company may use your Personal Information:

  • for the specific purpose for which it was volunteered (e.g., to purchase a product or process a return);
  • to develop, market, sell or provide products and services;
  • to manage and develop the Company’s business and operations, administer accounts and collect and process payments;
  • to administer, maintain and improve the Site and its operation;
  • to verify your identity, respond to your requests and otherwise communicate with you;
  • to comply with applicable laws, statutes and regulations;
  • to enforce the Terms, the Shopping Policy, the Company’s rights and the rights of others;
  • for other purposes disclosed at the time you provide your information;
  • as permitted by, and to comply with, any legal or regulatory requirements, process or provisions; and
  • as specifically provided in the Terms, the Shopping Policy and as you may otherwise agree.

In addition, the Company may share your Account Information (except your password) and your IP address with search-related service providers, advertisers or other third parties that are not part of the Company. When this occurs, the Company will share this information on an aggregate or other basis that does not disclose your Personal Information.

Disclosure of Personal Information

The Company may share your Personal Information with its affiliates, parents and subsidiaries, including those located outside of the U.S. The Company does not otherwise share your Personal Information with third parties, except as described below and otherwise specified in this Privacy Policy. The Company will share your Personal Information as follows:

  • with third parties, including those located outside of the U.S., that perform functions on the Company’s behalf, such as maintaining and operating the Site and processing payments. The Company does not authorize such third parties to use your Personal Information for other purposes;
  • as the Company believes necessary to comply with laws, statutes or regulations and/or to enforce this Privacy Policy, the Terms and the Shopping Policy and to protect the Company’s rights and the rights of others;
  • as required by a court or government agency or to respond to a claim by you or a third party;
  • as part of a transfer of business assets (e.g., in the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination or corporate change involving the Company or its affiliates); and
  • as you otherwise agree.

The Company may respond to any subpoena received from a government agency without prior notice to you. Unless prohibited by law or by a court order, the Company will use reasonable efforts to notify you of any subpoena received from any other party (e.g., for civil litigation) that requires the Company to disclose your identity and will wait 10 days, or a lesser amount of time as required by the deadline in the subpoena, before providing the requested information.

Correction/Update/Unsubcribe Procedures

If you want to view, delete or modify your Personal Information, you may do so by contacting the Company at the contact information listed at the end of this Privacy Policy.

You may also choose to opt-out of receiving the Site’s newsletter, if any, or other e-mails by using the unsubscribe button at the bottom of such correspondence or by contacting the Company as provided above. Because customer lists often are prepared well in advance of an offering (sometimes a few months before an offer is made or newsletter is sent, as applicable), you may continue to receive some offers after you send the Company a request not to use your information for specified marketing purposes. Please be aware that the Company will process your request as quickly as it reasonably can, but it may not be possible to update the Company’s systems immediately. The Company appreciates your patience and understanding in giving it time to carry out your request.

Even if you are removed from any such list, if you purchase a product on the Site, the Company will send you an e-mail confirming your order and may need to contact you by phone, e-mail or regular mail if it has 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 the Company’s databases without some residual data because of backups and other reasons.

The Company reserves the right to verify the identity of any person making such a request or a request to delete or modify Personal Information; provided, however, that the Company shall have no liability of any kind resulting from false or erroneous requests or any change or deletion made by the Company for any reason. Personal Information collected and transferred to back-up or archival storage may be retained indefinitely. The Company may also retain unmodified information as necessary for its business records and as required under applicable law.

California Privacy Rights

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits the Company’s visitors who are California residents to request certain information regarding the Company’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail or written request to the Company at the contact information listed at the end of this Privacy Policy.

Security

The Site has commercially reasonable security measures in place to protect against the loss, misuse or alteration of information under the Company’s control. While the Company strives to protect your Personal Information, it cannot ensure, and does not warrant, the security of any information. Communication and product purchases via the Internet are not failsafe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties during such transmission or after receipt by the Company. You agree that the Company shall have no liability whatsoever in connection with such lost or intercepted data.

In the unlikely event that the Company believes that the security of your Personal information in its possession or control may have been compromised, the Company may seek to notify you of that development. If a notification is appropriate, to the extent the Company has your e-mail address, it may notify you by e-mail.

Conditions of Use

Your access and use of the Site is subject to this Privacy Policy, the Shopping Policy and the Terms, including limitations on damages and the applicability of the law of the State of New York.

Contacting the Company

If you have questions about this Privacy Policy, the Terms, the Shopping Policy or any other questions concerning the Site, please contact:

The Vianel Group, LLC
547 West 27th Street, 5th Floor
New York, New York 10001
Telephone: (212) 273-3724
E-mail: info@vianelnewyork.com