Legal & Privacy Policy

John Varvatos Enterprises, Inc. (“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 “Web Site”), how that information is collected, how we use this information, and with whom we may share such information. Information collected on or through the Web Site may be collected by John Varvatos or by third-party service providers acting on our behalf. The word “we”, as used in this Privacy Policy, may include our third-party service providers, particularly with respect to the collection, use and storage of information. By accessing the Web Site 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 Web Site, and where applicable, through the Customer Service Department in connection with the Web Site or products purchased through the Web Site. This Privacy Policy does not necessarily reflect our practices with respect to information gathered through other web sites we may operate or through off-line means. This Privacy Policy is incorporated into, and part of, the John Varvatos Terms and Conditions of Use, which governs your use of the Web Site in general.

This Privacy Policy was last updated November 2013. 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 Web Site. Please check back periodically for further updates and changes.

Please note: The servers that make the Web Site available and that store the information that is collected on or through the Web Site are located in the United States of America. This Web Site 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 Web Site, 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, 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 Web Site and that you provide to our Customer Service Department in connection with your access and use of the Web Site. Though you may use portions of the Web Site without providing any Personal Information, in order to take advantage of the full capabilities of the Web Site, 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 Web Site.  The Personal Information we collect in connection with taking your order or registering your account may include: your name; home and/or business address; 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 Web Site. 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, address, phone number, fax number, e-mail address, physical 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 thirteen (13) 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 Web Site. For example, we may collect your Internet Protocol (IP) address, browser information and reference site domain name when you visit the Web Site.

Use of Cookies/Web Beacons:

Like many other web sites, we may collect information regarding customer traffic patterns and site usage by using cookies, web beacons (also called pixel tags, Internet tags and clear GIFs) and related technologies. A “cookie” is a small text file that a web site sends through the browser to a user's hard drive for data storage. We use the information gathered from cookies, web beacons and related technologies to analyze and understand how the Web Site is used and to enhance your visits to the Web Site. 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, and (iv) save your password so you do not have to provide it each time you visit the Web Site. 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 Web Site. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Web Site.

We may use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use our Web Site and the effectiveness of our Web Site and promotion in order to help us improve and optimize our Web Site and the products and services we offer. Those third-parties may place web beacons or pixel tags on certain pages of our Web Site or use cookies in order to facilitate collection of information regarding your use of the Web Site each time you visit the Web Site.

In addition, some of our e-mail communications to you may include a “click-through URL” linked to a particular page on the Web Site. By clicking on one of the URLs, you will automatically enter our Web Site 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:

In addition, we may use cookies, web beacons or related technology to collect information about you and your online browsing behavior for the purposes of Interest-Based Advertising.  For example, we may receive information through your browser when you access the Web Site and/or click on a John Varvatos advertisement or banner displayed on a third party website.  Such information may include the IP address of the computer you are using, the URL of pages you link to from the Web Site, the URL of pages you come from when accessing the Web Site, the advertisements or banners you click on in order to access the Web Site, and the type of browser you are using.  We may store, analyze and utilize such information for the purpose predicting which John Varvatos products, advertisements and banners may be of most interest to you in the future.

How is Information Used and Disclosed?

Personal Information:

Personal Information collected on or through this Web Site 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 Web Site, 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.

Aggregate and Automatically collected Information:

Automatically collected information is used to analyze and improve this Web Site, 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 on occasion combine information we received through this Web Site 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 Web Site 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 Web Site who are 25 years of age is aggregate information that does not personally identify a specific user.

Interest-Based Advertising:

Information we collect and store from your browser by use of cookies or related technology may be used for the purpose of predicting which John Varvatos products, advertisements and banners may be of most interest to you in the future and showing you such products, advertisements and banners on this Web Site and/or on third party sites.

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 Web Site or through the Customer Service Department in connection with this Web Site.

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 Web Site, hosting this Web Site, providing the products and services you request through this Web Site, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, Web Site 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 Web Site 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 Web Site, 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 Web Site 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.

Children and Privacy

This Web Site is a general audience web site and is not intended for use by children. We will never knowingly request personally identifiable information from anyone under the age of 13 (18 in the state of Maine) without prior verifiable parental consent when legally required. If you are under the age of 13 you should not provide any Personal Information to us and you should use this Web Site only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided Personal Information on or through this Web Site, please contact us as set forth below. If we become aware that a customer is under the age of 13 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 Web Site 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 Web Site. 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 Web Site 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. 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 Web Site 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 Web Site, 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 Web Site, 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 the email address you provide to us is a wireless email address, you agree to receive messages at such address from John Varvatos (unless and until you have elected not to receive such messages by clicking on an opt-out link within any e-mail 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, 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.

To opt out of Interest-Based Advertising (described above), you may click on either of the following links:

http://www.networkadvertising.org/choices

http://www.aboutads.info/choices

Surveys, Contests, and Sweepstakes

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

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

When you are on our Web Site you may have the opportunity to visit or link to other sites not operated by John Varvatos including other web sites 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 web sites or the owners or operators of those linked web sites.

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 Web Site. 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, 26 West 17th Street, 12th Floor, New York, NY 10011.