Privacy Policy/Your CA Privacy Rights

PRIVACY POLICY/YOUR CA PRIVACY RIGHTS

last updated September 7, 2016

This privacy policy applies to your use of the website located at www.jackspade.com and any other online and mobile websites, blogs and mobile applications operated by kate spade and company on behalf of itself and its affiliates (collectively, for purposes of this privacy policy, "Company," "we" or "us") that are related to www.jackspade.com (collectively, the "Site") (unless a different policy is provided on a particular site or application, in which case such different policy shall control). Company operates the "Site" and has created this privacy policy to inform you what information we collect on the Site, how we use your information and the choices you have about the way your information is collected and used. please read this privacy policy carefully. your use of the Site indicates that you have read and accepted our privacy practices, as outlined in this privacy policy. in addition, please read our terms of use which also govern your use of this Site. please be advised that the practices described in this privacy policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this Site, (ii) where applicable, through our customer service department in connection with this Site, (iii) through our free-standing retail stores, and (iv) through sweepstakes and other promotional programs.
 
we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this privacy policy, in whole or in part, at any time. when we amend this privacy policy, we will revise the "last updated" date located at the top of this privacy policy. for changes to this privacy policy that we consider to be material, we will place a notice on www.jackspade.com by revising the link on the home page to read substantially as "updated privacy policy" for a reasonable amount of time. if you provide information to us or access or use the Site in any way after this privacy policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. the most current version of this privacy policy will be available on the Site and will supersede all previous versions of this privacy policy.
 
if you have any questions regarding this privacy policy, you should contact our customer service department by email at customerservice@jackspade.com.
 
notice to california residents / your california privacy rights: california residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2016 will receive information about 2015 sharing activities). as set forth in this privacy policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. to make such a request, please send an e-mail to customerservice@jackspade.com. you must include this Site as the subject line, and your full name, e-mail address, and postal address in your message. please see the "your choices" section of this privacy policy for additional information.
 
as explained in more detail below, we may allow ad exchanges, web analytics vendors, social networking platforms and other third-parties to collect certain data and other non-personally identifiable information when you visit our Site. These companies may use non-personally identifiable information (e.g., search and click stream information, browser type, time and date, the identity or type of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. By way of example, these companies may use a cookie or web beacon to collect this information. Our Site does not recognize browser "Do Not Track" signals, and please understand that we can't always control third party cookies stored on your machine from visiting our Site, but you may visit the relevant third party's website directly to manage cookies stored on your machine by them, and several of our service providers who utilize these cookies or beacons on our Site enable you to opt out of this behavioral advertising. We may also display interest-based ads to you when you are using Facebook and other social media platforms or websites through a tool offered by Facebook called the Custom Audience Tool or another tool offered by another social media platform. These tools allow us to personalize our ads based on your shopping experience with us. We do not share any of your personal information, including your shopping history, with Facebook or other social media platforms in order to use these tools. These tools allow us to convert your e-mail address to a unique number that Facebook or other social media platforms uses to match to unique numbers it generates from e-mail addresses of its users. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org/choices or www.aboutads.info/choices.
 
WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?
personally identifiable information: personally identifiable information ("pii") is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). for example, when you create an account with us, your account information is stored on this Site’s server. we may also ask you to provide us with certain pii in connection with the use of the Site, in connection with the services provided by our customer service department, in connection with a brick and mortar transaction (except where prohibited by law) or in connection with an off-line promotion or sweepstakes. for example, we may ask you to provide certain pii when you register with us, place an order on the Site, choose to sign up for an email newsletter, or participate in a promotional event. this information 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. this information also may be used to contact you about sales, special offers and new website features, unless you have opted not to receive promotional communications in connection with this Site. we may also ask you to provide us with demographic information, information regarding your interests or similar information. providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site's features. We do not collect pii through third party advertisements on our Site and the pii we collect is not sold to third parties.
 
in addition, you may have the opportunity to provide us with the pii, such as name or e-mail address of a friend, such as when you choose the email addresses you supply us for those activities, which will not be retained for other purposes unless otherwise disclosed at the time you provide such information. we encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn't seem like we are "spamming" them.
 
usage information: when your computer contacts our web servers (for example, when you visit this Site, or view an html e-mail), our web servers automatically collect Site usage information. site usage information is non-identifying information that describes how our visitors use and navigate our Site. it can include the number and frequency of visitors to each webpage and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and ip addresses (see below for more information on ip addresses). we also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. this information is used to analyze and improve this Site and to provide our customers with a fulfilling shopping experience.
 
browser cookies: Like many websites, we may use browser "cookies." cookies are a website's way of remembering who you are. a cookie is a small text file that is stored on your computer's hard drive or stored temporarily in your computer's memory. there are two kinds of cookies: those that are "session" oriented and those that are "persistent." session cookies delete from your computer when you close your browser. persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. we use cookies to help us to identify account holders and to optimize their experience on our Site. also, we will use cookies to monitor and maintain information about your use of this Site. we may allow third parties to serve the cookies listed above.  for example, like many companies, we may use Google Analytics and/or DoubleClick to help us monitor our Site traffic.  we may also use third party cookies to help us with market research, revenue tracking, improving Site functionality and monitoring compliance with our Terms of Use. most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. for example, in the Internet Explorer menu bar, select: Tools/Internet Options/Browsing History/Delete to view manual and automatic options. if you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site. flash cookies: our Site may enable the use of the adobe flash player. adobe's flash player is used by many websites that offer video and other interactive content. by default, your use of the adobe flash player generates "flash cookies" (also known as "persistent identification elements" or "local shared objects"). adobe provides a short disclosure about flash cookies in its end user license agreement, stating "use of the web players, specifically the flash player, will enable the software to store certain user settings as a local shared object on our computer. these settings are not associated with you, but allow you to configure certain settings within the flash player." the adobe flash player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. you can control the degree to which you accept flash cookies by accessing your adobe flash player management tools directly through the settings manager for adobe flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. if you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features on the Site. as of the "last updated" date of this privacy policy, users with a computer running the windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. and users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. flash cookies, or LSO files are stored typically with an ".SOL" extension. to the extent the Google Display Network does not allow flash cookies to be used for behavioral advertising, ad delivery, or multi-site advertising, Company conforms to that.
 
The adobe flash player is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the world wide web. almost all web pages you visit on the Internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. one of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools. to the extent the Google Display Network does not allow HTML5 local storage to be used for behavioral advertising, ad delivery, or multi-site advertising, Company conforms to that.
 
use of web beacons: our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif," that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the ip address of the computer that the web beacon is sent to and the time the web beacon was viewed. web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including html based content, can act as a web beacon. we may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. we use web beacons to compile aggregate statistics about our Site and our marketing campaigns.
 
use of ip addresses: an ip address is a number that is assigned to your computer or network when you are linked to the internet. when you request pages from this Site, our servers log your ip address. we may use ip address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. we may associate your ip address with the pii you provide.
 
we also may collect and store information about you that we receive from other sources, 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.
 
IS INFORMATION COLLECTED FROM CHILDREN?
we do not knowingly sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 13, nor do we collect any pii from anyone who we know to be under the age of 13. if you are under the age of 18, you should use this Site only with the involvement of a parent or guardian and should not submit any pii to us. if we discover that a person under the age of 13 has provided Company with pii, Company will use commercially reasonable efforts to delete such person's pii from its system.
 
COMPANY'S USE AND DISCLOSURE OF COLLECTED INFORMATION
use by Company: we may use your pii to provide you with requested information, services or content, to contact you in connection with a promotion, or for other purposes disclosed when you provide the information. we may also contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you. we may also contact you regarding any problems or questions we have relating to your use of our Site, or, in our discretion, notify you of changes to our privacy policy, terms of use or other policy or terms that affect you and your use of our Site. we may also use information about our users, including pii, for internal purposes.
 
WITH WHOM DOES COMPANY SHARE INFORMATION?
we may provide information to select outside companies when we believe their products or services may be of interest to you. if you opt in to receive communications from a third party, your information will be subject to the third party's privacy policy and not this privacy policy. therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. in addition, Company may share your pii with third parties under the following circumstances:
 
third parties providing services on our behalf: we may engage third parties to perform services in connection with the operation of our business. examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) Site evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. these third parties may have access to this Site's user information, including pii, to the extent it is needed to perform their duties and functions.
 
Company's security: we may release information about our users, including pii, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Site and applicable laws. we may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company or any of our respective affiliates, business partners, customers or others.
 
aggregate information: we may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
 
promotions: if you choose to enter a contest, sweepstakes or promotion, your pii may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. also, by entering a promotion, we may require you to consent to the use of your pii or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. in addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the pii that you submit.
 
corporate change: in addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation pii, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company's assets, or other fundamental corporate change, whatever form it may take. you will be notified via e-mail or prominent notice on our Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. for clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of personally identifiable information collected pursuant to this privacy policy from this web site, off-line or otherwise, to the buyer of that portion of its business relating to that information.
 
WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE?
we use a security protocol that is common in the industry for encrypting sensitive information and personal information that we collect. if you place an order through this Site, you will be asked to set up an account and provide an email address and password. you must provide an appropriate email address and password in order to access account information. in order to help protect your personal information further, you should be careful about providing your password to others. if you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our customer service department by email at customerservice@jackspade.com.
 
we strive to ensure the security of your pii on our systems, including limiting access to the pii contained on our servers. whenever you give company sensitive or confidential information, that information is transmitted through a secure connection with your web browser. unfortunately, no security measures are perfect or impenetrable and no data transmission over the internet can be guaranteed to be 100% secure. company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. we cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk.
 
HOW CAN I ACCESS, CORRECT AND UPDATE PERSONAL INFORMATION?
you can access, correct and update certain personal information that you have provided to us by clicking on "manage your account" within the help desk area of this Site.
 
YOUR CHOICES/UNSUBSCRIBE

you will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. additionally you may email us at customerservice@jackspade.com or write to us at jack spade, attn: customer service, 2 park avenue, new york, ny 10016. because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. we appreciate your patience and understanding in giving us time to carry out your request.
 
even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have 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 our databases without some residual data because of backups and other reasons.
 
if you want to opt out of having your pii shared with third parties for marketing purposes, you must consistently opt-out at each of our Sites where you register and whenever you provide pii to us. please bear in mind that this opt-out choice for "third parties" will not apply to Company, Company licensees and/or co-branding participants, as set forth below. please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) Company uses your pii for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Sites, including any future changes to this privacy policy, the terms of use, or any other policy or terms that affect you and your use of our Site) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).
 
finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the pii is provided, it may take some time to process your opt-out choices. our systems require time to update, and promotional mailings using pii shared before your opt-out may already be in process. thus, your pii might continue to be shared with third parties for promotional purposes for some time after you make your request, for similar reasons, if your pii is shared with a third party, Company largely or completely loses control over how that information is used. thus, even after you have opted out of allowing us to share your pii, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
 
WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?
please be aware that when you are navigating our Site or viewing an email or other content provided by Company, you may have the opportunity to click on links that take you outside of Company’s service to other websites or online content that are beyond Company’s control. if you "click" on the link to such a third party, the "click" takes you to a third party's website or online content. we have no control over and are not responsible for the content of any third party websites to which you navigate. please be advised that the practices described in this privacy policy do not apply to information gathered through these other websites. we encourage you to be aware of when you leave this Site and to read the privacy policies of each and every website that you visit.
 
if you have accessed this Site through a link from certain of our advertising or marketing partners, this Site may include a frame of the applicable advertising or marketing partner. nevertheless, the information you provide to us through these framed web pages is collected by us, and our use of this information is governed by this privacy policy.
 
WHAT ABOUT ONLINE SURVEYS?

we may from time to time conduct on-line surveys. when you complete an online survey, we may ask for certain information including your age, zip code, shopping habits, email and/or mailing address. this information will be treated in accordance with this privacy policy.
 
COLLECTION IN AND TRANSFER TO THE UNITED STATES
this Site is operated in the united states. if you are located in the european union, canada or elsewhere outside of the united states, please be aware that any information you provide to us will be collected in or transferred to the united states. by using our Site, participating in any of our services and/or providing us with your information, you consent to this transfer. please see our eu safe harbor privacy policy, located at http://www.jackspade.com/safe-harbor-privacy-policy/safe-harbor-policy.html for how we treat information that is collected in the european union and then transferred to the united states.
 
SHARING PAGES WITH FRIENDS
the Site may offer you the possibility to connect your accounts from third party social media sites, such as facebook and twitter, through an application programming interface (API) or other software. by allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include PII. you likewise consent to our publishing on the Site any such information or actions you take on such third party sites. additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site. it is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from company.
 
CHOICE OF LAW
This privacy policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of New York, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
 
ARBITRATION
By using this Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Company and/or its parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in the major United States city that is closest to your place of residence; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website www.jamsadr.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT OT A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT OT ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS' RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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