Privacy Policy

John Varvatos Enterprises, Inc. (together with its subsidiaries referred to as “John Varvatos”, “we”, “our”, or “us”) 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 applies to information collected, processed or stored by us, as further described in this Privacy Policy, including on and through johnvarvatos.com (the “Website”) as well as on or through other John Varvatos services and applications that link to this Privacy Policy (the Website and other services and applications, collectively, the “Services”). The Privacy Policy describes how that information is collected, how we use this information, and with whom we may share such information. We also work with affiliates, which include other entities directly or indirectly controlled by, or under common control with, us (“Affiliates”). Information collected on or through the Website may be collected by John Varvatos, Affiliates, by third-party service providers and first-party advertisement serving vendors acting on behalf of us or our Affiliates, and/or our business partners, as further described below. By accessing the Website, you agree to be bound by this Privacy Policy and our Terms and Conditions of Use.

Please be advised that this Privacy Policy does not necessarily reflect our practices with respect to information gathered through other websites we may operate for international customers.  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.

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. This Website is intended for users who are located in the United States 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.

1. WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?

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, age, birthdate, physical address, zip code, e-mail address, credit/debit card information, and/or telephone, wireless and/or fax numbers, as more particularly described under applicable U.S. privacy laws.

We collect information about you either: (i) directly from you when you provide it to us, including when using the Website; (ii) automatically as you use the Website; and (iii) from Affiliates and other sources, as described in this Privacy Policy.

  • Personal Information Collected: We collect several types of information from and about users, including Personal Information, gender, password, Paypal account information, and purchase history.

  • Information Collected through Automatic Data Collection Technologies: As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including, IP address, login information, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, products viewed, searched for or purchased, page response times, download errors, length of visit to certain pages, page interaction (scrolling, clicks, mouse-overs) and methods used to browse away from the page.

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. For more information on our policies related to minors, please see Section 11 “Children and Privacy.”

2. USE OF COOKIES AND OTHER TRACKING TECHNOLOGY

Like many other websites, our Services may incorporate various tracking technologies such as web beacons, audience management tags and pixel tags for automatic data collection.

We may also use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are stored on your computer’s hard drive and can be used to collect information about where you travel on our Website and what pages you look at and items you purchase. They may store the information in your shopping cart, and/or your username and/or password. All of these purposes enable us to improve functionality and personalize your experience on our Website.

Further, 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.

3. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY COMPANIES

Third parties acting on behalf of us or our Affiliates may use cookies, web beacons, audience management tags, pixels tags or other automatic data collection technologies:

  • to help us measure and determine how visitors use our Website and the effectiveness of our Website;

  • to help us improve and optimize the products and services we or our Affiliates offer; or

  • to collect information regarding your online behavior 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. These automatic data collection technologies facilitate collection of your 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 parties, acting on behalf of us or our Affiliates, collect 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.

4. HOW WE USE YOUR INFORMATION

We may use information that we collect about you or that you provide to us, including any Personal Information:

  • to administer and present the Services and its contents to you, including (i) identifying product preferences and shopping preferences and customizing Website pages for you and (ii) saving your password so you do not have to provide it each time you visit the Website;

  • to allow you to participate in interactive features of the Services;

  • to complete, fulfill, manage and communicate with you about your orders or otherwise provide you with our offerings;

  • to fulfill any other purpose for which you provide it;

  • to contact you regarding any Services or offers we provide through the Services or to notify you about changes to the Services;

  • to inform you and make recommendations about our products and Services, including sales, special offers and new Website features, and to send you other promotional communication;

  • to provide customer service or support, or contact you regarding your account;

  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

  • to conduct internal research and development and improve the Services;

  • to perform other logistics and operation activities as needed;

  • to protect our assets and prevent fraudulent transactions, including (i) validating credentials and authenticating customers when logging into your online profile or transacting in store and (ii) protecting the security and integrity of our Services and our data;

  • to share information with Affiliates and third parties, as described in this Privacy Policy;

  • in any other way we may describe when you provide the information; or

  • for any other purpose with your consent.

5. PAYMENT INFORMATION

When you make a purchase, we ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), billing address, and shipping address. Our third-party payment management companies, which are required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures.

6. COMBINING INFORMATION

We may combine the information we receive from or about you, including both information that you provide to us and information we collect though automatic data collection technologies on computers or devices that you use, with information that we collect or receive from or about you from other sources, including from business partners, Affiliates (and their business partners), social media platforms and other third-party sources. We may use and share this information for the purposes as described in this Privacy Policy.

7. TEXT MESSAGES

If you have provided prior express written consent to have promotional offers or transactional correspondence from us sent to your mobile device, we may send you a MS, MMS or other text message (“Text Messages”) with such communications to the telephone number you provided to us. Standard text message rates will apply. You represent that you are the owner or authorized user of the wireless device on which Text Messages will be received, and that you are authorized to approve the applicable charges.

If you have provided a telephone number for Text Messages, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify us of the Phone Number Change by contacting us as set forth below.

8. WITH WHOM IS INFORMATION SHARED?

We may share the information we collect about you with:

  • Business partners, suppliers and sub-contractors who provide services in support of our business. For example:

  1. we pass your delivery address and telephone number to our partner courier companies in case they need to contact you directly if there is a problem with your delivery;

  2. we  pass certain Personal Information to third-party payment management companies to enable them to verify your credit or debit card details;

  3. we pass your Personal Information to third-party service providers that assist us with our marketing and data analytics efforts;

  4. we pass certain purchasing information and use of discounts to business partners who facilitate such discount schemes, provided you have previously registered with them; or

  5. we pass your Personal Information to business partners who provide us with and assist us in operating customer service management software, designed to improve and manage our interaction with customers and your customer service experience;

  • Business partners, Affiliates (and their business partners), marketers, advertisers and advertising networks for marketing and advertising purposes, which may include (i) sending you direct mail or emails about their products, services, sales, promotions, events, news and store openings that may interest you or (ii) serving other ads or adverts that may interest you. For information about managing your privacy and opting out, see Section 13 “How Can I Access, Correct and Update Personal Information?” and Section 14 “How Can I Opt-Out?”;

  • Credit reference agencies for the purpose of ensuring that your credit or debit card is not being used without your consent. This is done only to confirm your identity. No credit check is performed and your credit rating will be unaffected;

  • Analytics and search engine providers that assist us in the improvement and optimization of our Website and Services; or

  • Service providers whom we may employ to assist us in carrying out and then analyzing the results of customer surveys or questionnaires.

In addition to the ways that we may share information with business partners, Affiliates (and their business partners) and other third parties as described above, we may disclose to third parties information collected from you in an aggregate form. However, we will only do so in such a way as to ensure that such aggregated information does not individually identify any user. 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.

9. OTHER DISCLOSURE SCENARIOS

We may disclose your Personal Information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

  • If we plan to merge with or be acquired by that third party or in connection with a partial or total sale of assets, bankruptcy, or another corporate change;

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, subpoena or court order, or in order to enforce or apply our Terms and Conditions of Use and other agreements; or

  • If we believe in good faith that the disclosure of information is necessary to (i) prevent imminent physical harm or financial loss to us; (ii) prevent or report suspected illegal activity; and/or (iii) protect anyone's rights, property or safety. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10. 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 email us at customercare@johnvarvatos.com or write to us at the following address: John Varvatos Enterprises, Inc., Attn: Webmaster, Inc., 26 West 17th Street, 12th Floor, New York, NY 10011.

11. CHILDREN AND PRIVACY

This Website is a general audience website and is not intended for use by children. We will never knowingly request Personal 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.

12. 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 us, including through 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.

13. HOW CAN I ACCESS, CORRECT AND UPDATE PERSONAL INFORMATION?

You may review certain Personal Information (i.e., name, age, birthdate, physical address, zip code and e-mail address) 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 such 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.

14. HOW CAN I OPT OUT?

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 information.

  • Cookies:  You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate. By refusing to accept cookies, you may not be able to use some of the features and functionality available on the Website. For managing cookies and your choices, the configuration of each browser is different. Configuration is described in the help menu of your browser. For example, in Microsoft Internet Explorer 6.0 and above, you may block cookies by taking the following steps:

  • 1. Go to “Tools”, then “Internet Options”.

  • 2. Click on the “Privacy” tab.

  • 3. Use the cursor to select the level you require.

  • You can also click on Advanced for specialized cookie treatment.

Instructions for blocking cookies in other browsers are available at http://www.allaboutcookies.org/manage-cookies/.

  • Text Messages: If you wish to opt out of receiving Text Messages from us, you must follow the opt-out instructions at the end of each text message (e.g., reply “STOP”).

  • Promotional E-mails: You may opt-out of John Varvatos’ promotional e-mails by clicking on an unsubscribe link within any e-mail you may receive from us.

  • Affiliate and Third-Party Communications: If you wish to opt out of receiving marketing and advertising communications from our Affiliates or other third parties, you must follow the opt-out instructions in each Affiliate’s or other third party’s communication or privacy policy.

Please note that if you decide to opt out, it may take a few days to process your opt-out request by email and 6–8 weeks to process your postal mail request and that you may continue to receive promotional or marketing materials during this time. Also, please note that opting out will not preclude us from sending you other types of non-promotional messages, such as emails confirming transactions. We will retain your information for as long as your account is active or as needed to provide you the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

15. DO NOT TRACK SIGNALS

At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.

16. 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.

17. WHAT HAPPENS WHEN I LINK TO ANOTHER WEBSITE?

Our Website may contain links to websites operated and maintained by third parties over which we have no control. Privacy policies on such linked websites may be different from our Privacy Policy. We encourage you to be aware when you leave the Website and to read the privacy statements of each and every website that collects information from you. If you have questions about the security and privacy settings of any websites that you use, please refer to their applicable privacy statements or policies.

18. 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 email us at customercare@johnvarvatos.com or 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.

19. CHANGES TO OUR PRIVACY POLICY

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. We may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as sending you an email. Your continued use of our Website constitutes your acceptance of the terms of the Privacy Policy as updated or changed by us from time to time.

20. CONTACT US

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

Effective May 25, 2018.

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