Privacy Policy

John Varvatos Enterprises, Inc. (together with its affiliates “John Varvatos”) recognizes that you care how information about you is used and shared and respects your privacy. Your privacy is a serious matter to us. This Privacy Policy, which is part of our Terms and Conditions of Use, informs you of what information is collected on and through Johnvarvatos.com (the “Website”), how that information is collected, how we use this information, and with whom we may share such information. Information collected on or through the Website may be collected by John Varvatos, by third-party service providers and first-party advertisement serving vendors acting on our behalf, and/or our business partners that assist in fulfilling your order or help the Website function. The word “we”, as used in this Privacy Policy, may include such business partners and/or our third-party service providers and first-party advertisement serving vendors, particularly with respect to the collection, use and storage of information. By accessing the Website you agree to be bound by this Privacy Policy and our overall Terms and Conditions of Use.

Please be advised that the practices described in this Privacy Policy apply only to information gathered through the Website, and where applicable, through the Customer Service Department in connection with the Website or products purchased through the Website. This Privacy Policy does not necessarily reflect our practices with respect to information gathered through other websites we may operate or through off-line means, such as information collected at our stores. This Privacy Policy is incorporated into, and part of, the John Varvatos Terms and Conditions of Use, which governs your use of the Website in general.

This Privacy Policy was last updated February 2015. As set forth in more detail herein, we may change or modify this Privacy Policy at any time in our sole discretion. Such change(s) will be effective immediately upon posting of the change or modification on this Website. Please check back periodically for further updates and changes.

Please note: The servers that make the Website available and that store the information that is collected on or through the Website are located in the United States of America. This Website is intended for users who are located in the United States of America and is hosted and operated in the United States, pursuant to United States law. By providing Personal Information (as defined below) through the use of this Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

What Information About Me Is Collected and Stored?

Personal Information:

For purposes of this Privacy Policy, “Personal Information” is defined as personally identifiable information about an individual person and includes but is not limited to a person's name, physical address, zip code, e-mail address, and/or telephone, wireless and/or fax numbers, as more particularly described under applicable U.S. privacy laws.

We collect and store information that you provide on or through the Website and that you provide to our Customer Service Department in connection with your access and use of the Website. Though you may use portions of the Website without providing any Personal Information, in order to take advantage of the full capabilities of the Website, you will be required to provide certain Personal Information. For example, you must provide Personal Information in order to place an order or to register for an account on or through the Website. The Personal Information we collect in connection with taking your order or registering your account may include: your name; home and/or business address; zip code; e-mail address; telephone, wireless and/or fax number; short message service, text message or other wireless device address; instant messaging address; demographic information; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.

In addition, you may provide certain Personal Information about third-parties on or through the Website. For example, you must provide us with Personal Information about a third-party when you request that we ship an order to a third-party or request that we send your information to a third-party. The information collected regarding a third-party may include that third-party's name, physical address, zip code, phone number, fax number, e-mail address, and other similar information.

If you provide Personal Information to us, including Personal Information about individuals other than yourself, you represent and warrant that: (i) you have the authority to provide that Personal Information and to grant us the right to use that Personal Information consistently with this Privacy Policy, (ii) you have provided that Personal Information voluntarily, and (iii) you consent to the use of that Personal Information in the manner indicated by this Privacy Policy. If you provide a third-party’s Personal Information to us, you represent and warrant that such third-party is at least eighteen (18) years of age. If you provide a third-party's e-mail address to us, you represent and warrant that you have the consent of that third-party to provide his/her email address to us.

Aggregate and Automatically Collected Information:

We may collect and store certain other non-personally identifiable information automatically whenever you interact with the Website. For example, we may collect your Internet Protocol (IP) address, browser information and reference site domain name when you visit the Website.

Use of Cookies/Web Beacons:

Like many other websites, we may collect information regarding customer traffic patterns and site usage by using cookies (including first and third-party cookies), web beacons (also called pixel tags, Internet tags and clear GIFs), audience management tags provided by first or third-party technologies, and related tracking technologies. A “cookie” is a small text file that a website sends through the browser to a user's hard drive for data storage. The information collected by cookies and related technology may include technical information about your computer (including your computer’s Internet protocol address, your operating system, your browser type and date and time of your visit), and the pages you view, the features you use, the searches you conduct and queries you make, the links you click, the purchases you make and the third-party sites you have visited or visit later.

Most browsers accept cookies automatically, however, can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this Website. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Website.

We may use third-party service providers and other outside companies to provide Internet data hosting and to help us measure and determine how visitors use our Website and the effectiveness of our Website and promotion in order to help us improve and optimize our Website and the products and services we offer. We may also use third-parties, including but not limited to certain advertising intermediaries, and first-party ad serving technologies to collect your Personal Information and information regarding your online behavior for the purpose of behavioral tracking and Internet-Based Advertising (as described below) to provide you with use-tailored and targeted advertisements. Such advertising intermediaries may include advertising networks, advertising exchanges, analytics providers, data brokers, re-targeters, re-marketers, and/or market researchers. Those third-parties and first-party ad serving technologies may place cookies, web beacons, audience management tags, pixel tags and related devices on certain pages of our Website in order to facilitate collection of your Personal Information and information regarding your use of the Website each time you visit the Website and to serve ads based on your past visits to the Website. Such third and first-parties collect personally identifiable information about your online activities over time and across different websites as a result of accessing this Website, and may show your ads on sites across the Internet. Any such third-party’s data collection and data handling practices are defined by the third-party and not by John Varvatos. We make no representations or warranties about any third-party websites.

In addition, some of our e-mail communications to you may include a “click-through URL” linked to a particular page on the Website. By clicking on one of the URLs, you will automatically enter our Website and we may collect information related to the “click-through”. You may avoid having this information collected by not clicking on URL links in our e-mail communications.

Interest-Based Advertising:

We and/or our third-party service providers (as described above) may use cookies, including first-party cookies as part of a first-party ad serving platform, web beacons, audience management tags, and/or related technology to collect information about you and your online browsing behavior for the purposes of Interest-Based Advertising, including use-tailored and targeted advertising. For example, we, such third-party service providers, and/or our first-party ad serving vendors may receive information through your browser when you access the Website and/or click on a John Varvatos advertisement or banner displayed on a third-party website. Such information may include technical information about your computer (including your computer’s Internet protocol address, your operating system, your browser type and date and time of your visit), the pages you view, the features you use, the searches you conduct and queries you make, the links you click, the purchases you make, the URL of pages you link to from the Website, the URL of pages you come from when accessing the Website, third-party websites you have visited or visit later and the advertisements or banners you click on in order to access the Website. We, our third-party service providers, and our first-party ad serving vendors may store, analyze and utilize such information for the purpose of predicting which John Varvatos products, advertisements and banners may be of most interest to you in the future and providing you with use-tailored advertisements regarding products, services or offers that may be of interest to you. (For more information, see below).

How is Information Used and Disclosed?

Personal Information:

Personal Information collected on or through this Website is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. If you sign up to our e-mail list or otherwise opt-in to receive promotional communications in connection with this Website, we may also use the Personal Information you provide to contact you about sales, special offers and new site features and to send you other promotional communications. You may manage your preferences as described below.

If you request us to ship products to a third-party and we are able to determine the information you provided pertains to a third-party, we will use the Personal Information you provide regarding that third-party only to process and ship the product to that third-party and to confirm shipment. In addition, we may retain that Personal Information as reasonably necessary to appropriately document our business activities and for archival and record retention purposes.

We may share Personal Information you provide to us with certain third-parties that perform services on our behalf, which services may include operating this Website, hosting this Website, providing the products and services you request through this website, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, Website evaluation, data analysis, analysis of information for marketing purposes including Internet-Based Advertising, and, where applicable, data cleansing. Those third-parties are not authorized to use or disclose Personal Information you provide to us or through this Website for any purpose other than to perform the services designated by us.

Aggregate and Automatically collected Information:

Automatically collected information is used to analyze and improve this Website, gauge the effectiveness of our email communications and your level of interest in particular areas and to provide our customers with a fulfilling shopping experience. We may use third-party service providers and other outside companies to provide Internet data hosting and to help us measure and determine how visitors use our Website and the effectiveness of our Website and promotion in order to help us improve and optimize our Website and the products and services we offer.

We may on occasion combine information we received through this Website with information obtained from other sources and outside records to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to third-parties 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 you access most frequently or search terms you enter. 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 our Website who are 25 years of age is aggregate information that does not personally identify a specific user.

Interest-Based Advertising:

We use the information gathered from cookies, web beacons, audience management tags, first-party ad serving technologies, and related technologies to analyze and understand how the Website is used, to enhance your visits to the Website, for web analytics, behavioral tracking and to create and deliver use-tailored and targeted advertising to provide you with information on products, services or offers that may be of interest to you. For example, we may use cookies and related technologies to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited, (iv) save your password so you do not have to provide it each time you visit the Website, and (v) for Internet-Based Advertising and targeted advertising (as described below).

We also use cookies to improve the performance of our advertising on other websites.

We, our third-party service providers, and our first-party ad serving vendors may store, analyze and utilize such information for the purpose of predicting which John Varvatos products, advertisements and banners may be of most interest to you in the future and providing you with use-tailored advertisements regarding products, services or offers that may be of interest to you.

Interest-Based Advertising:

We, our third-party service providers, our first-party ad serving technologies and certain advertising intermediaries, may place cookies, web beacons, audience management tags and/or related technologies on certain pages of our Website to collect your Personal Information, information regarding your online behavior, information collected from your web browser and information regarding your use of the Website each time you visit the Website. We and such parties may store, analyze and utilize such information for the purpose of behavioral tracking and Internet-Based Advertising. This includes predicting which John Varvatos products, advertisements and banners may be of most interest to you in the future; showing you such products, advertisements and banners on this Website and/or on third-party sites; and providing you with use-tailored and targeted advertisements regarding products, services or offers. We may also use such third-parties and first-party ad service platforms, vendors and cookies to: collect personally identifiable information about you and your online activities over time and across different websites as a result of accessing this Website; serve ads to you based on your past visits to the Website; and show your ads on sites across the Internet.

Our advertising intermediaries may include advertising networks, advertising exchanges, analytics providers, data brokers, re-targeters, re-marketers, market researchers, and/or first-party ad serving vendors.

Any above-referenced third-party’s data collection and data handling practices are defined by the third-party and not by John Varvatos. We make no representations or warranties about any third-party websites.

With Whom is Information Shared?

Except with your consent or as described in this Privacy Policy, we do not sell, rent or share with third-parties any Personal Information that you provide to us on or through this Website or through the Customer Service Department in connection with this Website.

We may share Personal Information you provide to us with certain third-parties that perform services on our behalf. The services provided by those third-parties may include operating this Website, hosting this Website, providing the products and services you request through this Website, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, Website evaluation, data analysis, analysis of information for marketing purposes including Interest-Based Advertising, and, where applicable, data cleansing. Those third-parties are not authorized to use or disclose Personal Information you provide to us or through this Website for any purpose other than to perform the services designated by us.

We may disclose user information to government authorities, and to other third-parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Website, or anyone else that could be harmed by such activities or to verify or enforce compliance with the terms of use and policies that govern our Website or as otherwise required or permitted by law or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public. John Varvatos cooperates with law enforcement inquiries and other third-parties to enforce laws, intellectual property rights and other rights. In addition, the Personal Information you provide to use may be transferred as an asset in connection with a merger or sale involving all or part of John Varvatos or as part of a corporate reorganization, stock sale or other change of control.

Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, John Varvatos customers who are California residents may request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please write to us at the following address: John Varvatos Enterprises, Inc., Attn: Webmaster, Inc., 26 West 17th Street, 12th Floor, New York, NY 10011.

Children and Privacy

This Website is a general audience website and is not intended for use by children. We will never knowingly request personally identifiable information from anyone under the age of 18 without prior verifiable parental consent when legally required. If you are under the age of 18 you should not provide any Personal Information to us and you should use this Website only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 18 and suspect he/she has provided Personal Information on or through this Website, please contact us as set forth below. If we become aware that a customer is under the age of 18 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

This Website is a general audience website and is not intended for use by children. We will never knowingly request personally identifiable information from anyone under the age of 18 without prior verifiable parental consent when legally required. If you are under the age of 18 you should not provide any Personal Information to us and you should use this Website only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 18 and suspect he/she has provided Personal Information on or through this Website, please contact us as set forth below. If we become aware that a customer is under the age of 18 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

What Steps Are Taken to Keep Personal Information Secure?

The security of your information is important to us. The Website employs various technical and security measures designed to help protect the Personal Information we collect about you. We have instituted security procedures and measures to protect our servers and networks that store Personal Information. John Varvatos will take reasonable steps to protect the security and integrity of all Personal Information provided to this Website. However, no transmission of data over the Internet is guaranteed to be completely secure due to the inherent nature of the Internet, and we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care will be absolutely safe from intrusion by others. It may be possible for third-parties not under the control of John Varvatos to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, John Varvatos cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third-parties during or after transmission.

In the unlikely event that we believe that the security of your Personal 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, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

In order to help protect Personal Information you provide to us, you should (i) not share your password or account information with others, (ii) use a secure web browser, and (iii) change your password frequently. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us as set forth below.

How Can I Access, Correct and Update Personal Information?

You may review the Personal Information that is stored in your user account on this Website by contacting us at John Varvatos Enterprises, Inc., Attn: Webmaster, 26 West 17th Street, 12th Floor, New York, NY 10011. We will send you a copy of the Personal Information we have on file in your user account (if any). 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. Please note that our removal of such information does not ensure complete and comprehensive removal of the content or information from the Internet. 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 to respond to your request.

You may also access, correct and update certain Personal Information that you have provided to us by clicking on the “Manage Your Account” feature of the Website and following the instruction set forth therein or by contacting us with your request as set forth below.

We reserve the right to retain any Personal Information reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We will store Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy.

Can I Indicate Whether or Not I Want to Receive Promotional Communications?

There are several ways in which you can tell us whether or not you want to receive promotional communications from us or "opt-out" of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Website, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. When you set-up an account or click on the “Manage Your Account” area of the Website, you will have an opportunity to make or change your selections in this regard. We may share your Personal Information with other entities affiliated with or related to John Varvatos for their own marketing purposes without your permission.

If you provide us with a wireless number or email address, you agree to receive electronic messages at such number or address from John Varvatos (unless and until you have elected not to receive such messages by clicking on an opt-out link within any electronic message you may receive from us). You understand that your wireless carrier's standard rates apply to these messages. 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.

You may opt-out of John Varvatos' promotional e-mails by clicking on an opt-out link within any e-mail you may receive from us.

Please note that even though you may opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, orders and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, you will need to contact that entity directly.

Cookies/Web Beacons:

Most browsers accept cookies automatically, however, can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this Website. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Website.

Do Not Track Signals

In some, but not all, instances the Website, software services associated with the Website and third-parties collecting information through the Website will follow certain Do Not Track signals or similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services.

In addition, certain online tools allow consumers to “opt-out” of certain Interest-Based Advertising. The following links will allow you to opt-out of Interest-Based Advertising (described above) by companies participating in these programs:

http://www.networkadvertising.org/choices

http://www.aboutads.info/choices

Internet-Based and Targeted Advertising Opt-Out:

You may “opt-out” of our first-party ad serving vendor’s (Trueffect) use of cookies by clicking here:

http://webmedia.johnvarvatos.com/optout.html

Please note, although you may not opt-out of receiving online advertisements generally, you may control the collection of data on our site used for targeted JohnVarvatos.com advertising during your visits to other websites. To opt-out of JohnVarvatos.com data collection for targeted advertising on other sites, click here:

http://www.aboutads.info/choices

Surveys, Contests, and Sweepstakes

We may collect Personal Information from users of our Website, for example, through such user activities and completion of any online forms on our Website. Such information is collected, for example, when users register or subscribe for features on our Website, enter sweepstakes and contests, post a comment or photo, complete surveys, submits a comment or question to us using a "contact us" or similar feature on our Website, sends us an e-mail, or in any other way submits Personal Information to us via our Website.

In the event we conduct surveys or run a contest or sweepstakes, a set of rules or terms governing the survey, contest or sweepstakes will be provided. The rules or terms for each survey, contest or sweepstakes will specify how the information gathered from you in connection with the survey, contest or sweepstakes will be used and disclosed and otherwise govern your participation in the survey, contest or sweepstakes. Please read such rules carefully before participating in or entering any survey, contest or sweepstakes relating to this Website.

What Happens When I Link To or From Another Web Site?

When you are on our Website you may have the opportunity to visit or link to other sites not operated by John Varvatos including other websites operated by our affiliates or by unaffiliated third-parties. These sites may collect Personal Information about you. John Varvatos does not control sites that are operated by these entities and is not responsible for the information practices of these sites. Please be advised that the practices described in this Privacy Policy do not reflect the practices regarding information collection, use and disclosure of linked websites or the owners or operators of those linked websites.

Client Card Communications

If you have joined John Varvatos’ mailing/email/phone list by filling out a John Varvatos Client Card at one of our stores in order to receive information regarding exclusive events and offers, but would no longer like to receive such communications, please write to us at the following address and ask to unsubscribe from our Client Card-based communications: John Varvatos Enterprises, Inc., Attn: Webmaster, Inc., 26 West 17th Street, 12th Floor, New York, NY 10011.

We reserve the right, in our sole discretion, to revise, change, modify, or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Website. Under certain circumstances (for example, if we would like to use your Personal Information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.

If you have any questions or comments concerning your privacy or this Privacy Policy, you may contact us at John Varvatos Enterprises, Inc., Attn: Webmaster, Inc., 26 West 17th Street, 12th Floor, New York, NY 10011.

 

Effective February 26, 2015.

 

© 2015 John Varvatos Enterprises, Inc. All rights reserved. JOHN VARVATOS® is a registered trademark of John Varvatos Apparel Corp., used under license.