| Esprit Privacy Policy |
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Thank you for visiting Esprit's web site (the "Site")! We value our customers and respect their privacy.
That is why we provide this Privacy Policy explaining our general online information practices and the
choices you can make about the way your information is collected and used by ESPRIT.
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This Policy is part of our Terms of Use which you may view by clicking here.
Any capitalized terms used by not defined in this Policy are defined in the Terms. YOUR USE OF OUR SITE
CONSTITUTES YOUR AGREEMENT (or ratification of it) TO FOLLOW THOSE TERMS, INCLUDING THIS PRIVACY POLICY.
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| Notice of your ability to obtain and also prevent promotional emails |
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Many of you have already provided your email address in order to obtain information about our U.S. launch etc.,
and others will do so in the future. No matter when you provided your email address, we only want to send you
emails primarily intended to advertise or promote commercial products or services ("Commercial Emails or "CEM"),
if you want to receive them.
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| Accordingly, if you decide you do not want to receive them from us you may: |
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1 -- Follow the instructions at http://www.espritshop.com/newsletter/unsubscribe/unsubscribe.htm or
2 -- Follow the instructions in any CEM regarding how to stop receiving further CEMs.
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| Unless you do so, we will use your email address to send you CEMs about us, our Affiliates or others. |
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Please note that regardless of your choice, we may send emails that are "transactional or relationship messages"
as defined in the U.S. "CAN-SPAM Act of 2003" or its regulations, and we may also communicate as allowed by law
or this Policy, including communicating to respond to your inquiries, however you make them (e.g., by phone, email or letter).
We may also continue to send emails until you have completed our change-of-preference procedures or the law requires
us to complete them, whichever is earlier. Any decisions to stop receiving CEM will not apply retroactively.
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| Information about our privacy and security practices |
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The following topics and information are part of this Policy and are incorporated by this reference.
Please click on the links to review each topic:
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Information we collect that does not personally identify you
Information we collect that does personally identify you
Access to your data
Information about security
Notice to P3P Users
Children and privacy
Information about enforcement of our Policy
Information about: Legal Notices; Identity Theft
Amendment of this Policy
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Information we collect that does not personally identify you
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Our Site collects information which does not personally identify you ("NonPII") that is commonly
collected on the Internet. For example, we collect: the name of the domain and host for your Internet access
(e.g., AOL, MSN or Earthlink); your computer's Internet address, browser software (e.g., Netscape, Internet Explorer, Mosaic)
and operating system (e.g., Windows or Mac OS); dates and times of access or actions; and the Internet
addresses you left to reach us. We use "cookies" or other technological mechanisms
(e.g., pixel images etc.) to collect this kind of information. You may set your browser to warn you or to block cookies.
If you block them, however, Site functionality and appearance may change or become unavailable.
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We use NonPII for ordinary business purposes, such as to analyze Site traffic so that we can optimize or
adjust Site structure, usability and appeal etc., or to support technologies used by visitors.
Generally we do not share NonPII with unaffiliated third parties other than our service providers and marketing parties, but reserve the right to do so.
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| Information we collect that does personally identify you |
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We ordinarily collect NonPII and the types of personally identifying information listed in
Category Information, depending upon your activities at our Site. Click on the link to
"Category Information" to see those categories.
We also collect public and non-public information from you or third parties for various purposes, including (without limitation)
to help us gain comfort that we are dealing with you instead of someone posing as you, to effect or document a transaction,
or to share with our Affiliates or others as allowed by this Policy.
- We generally will not:
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Rent or sell to unaffiliated third parties, your name and address (postal or email) as part of our general
"customer list," except as part of a financing or corporate transaction (such as a merger, sale of assets or the like); or
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Disclose your credit card or other payment method information (subject to the below principles). The above assumes,
of course, that no fraud or other harm is suspected -- if it is, we may disclose information we believe is appropriate.
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Except for what we have said we will not do (see above), we reserve the right to use, disclose,
share, sell, retain and otherwise deal with (collectively "disclose") all information, internally or to third parties
(including Affiliates), for any lawful purpose or to prevent harm to us or others. For example and without limitation,
in our discretion we may disclose information:
- To address your requests, such as to send you a newsletter or CEM;
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To communicate with you (or those to whom you make a gift of our products) about transactions, related matters or matters that you initiate through others;
to personalize or enhance transactions; to verify, process, store, enforce, investigate and/or collect actual or potential
transactions or other acts; and to assist or respond to our consultants (e.g., auditors and lenders);
- To government authorities or alleged victims of identity theft;
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To our service providers and others wherever located (e.g., credit card processors, data base controllers,
marketing or advertising parties) who help us run or promote our business or products);
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About any matter relating to the Site, transactions, our products, or your relationship with us, our service
providers or others;
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Required or allowed by law. We reserve the right (but do not undertake a duty) to notify you of subpoenas or other
legal process (if allowed). If you do not want us to respond, you need to seek a valid court order allowing that, and
serve the order on us at least 3 business days before the response deadline; and
- Not listed in this Policy but which is not prohibited by law from being disclosed.
We may do any of this even if you request that we not send you CEM. We do not purport to have listed all possible
disclosures that we might make -- this Policy is intended to help you understand our general practices.
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We generally will retain information for as long as required, allowed or we believe it useful, but do not undertake
retention obligations. We may dispose of information in our discretion without notice, subject to applicable law.
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| Access to your data |
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You may review the information by logging in with your password at the beginning of the check-out process and then
listing appropriate corrections. Requests for corrections will be processed within a reasonable period but will not
be immediately effective.
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We may keep a record of all information even if it is changed or deleted, and we may use or disclose it for any
lawful purpose (such as for auditing). You may not change information relevant to the fact or integrity of any
transaction or act or that we are required to keep, and we reserve the right to determine what information may be changed.
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| Information about security |
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For transactions involving credit cards, we will use secure socket layer (SSL) encryption to protect the transmission
of credit card information when you enter it at our Site. We only use your credit card number for processing your order.
We do not store it permanently.
It is possible that our computer cannot recognize the coding from your browser and
therefore cannot connect with the SSL-server. You can check if your connection is connected via SSL by looking at the lower left-hand
corner of your browser window after accessing the server. If you see an unbroken key or a closed lock
(depending on your browser), then SSL is active. You can also double-check by looking at the URL
line of your browser. When accessing an SSL server, the first characters of the site address will change from "http" to
"https".
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Your emails to us are not necessarily secure against interception so do not include sensitive information in them - we
generally will not ask for your credit card number, password or other sensitive information in an email and you should
assume that if you get such a request, it might be fraudulent.
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The access to your personal data is restricted by your password. The minimum password length is 6 characters. We recommend
that you use a variation of letters and numbers instead of common words.
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You agree not to enter or store information on the Site if you (or anyone else whose information you enter) desire a higher
level of security or if you have not obtained consent from the person whose information you are storing.
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Neither humans, passwords nor security systems are foolproof or necessarily work as intended, including encryption, and
people can commit intentional crimes, make mistakes or fail to follow policies. Although we take what we believe are
commercially reasonable security precautions, we do not guaranty security. You agree to do what you reasonably can to help
promote security (e.g., never reveal your login-password or make it accessible to others).
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| Notice to P3P Users |
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The Platform for Privacy Preferences Project ("P3P") is a standard developed by the World Wide Web Consortium ("W3C")
that provides an automated, machine-readable mechanism for understanding some use of your Personal Information by the Web
sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a Web site's privacy
policy to provide a cross-section of how the particular Web site handles some of the personally identifiable information of its users.
P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled Web sites and compare this
information to the user's own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set
cookies to deliver P3P "compact" cookie policies with their cookies, and other browsers may use this mechanism soon.
To enhance your online experience further, the Site is P3P enabled. For more information on the W3C and P3P, please visit
http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe
Esprit's privacy practices in detail or as accurately as this Privacy Policy. Accordingly, where discrepancies exist between this
Privacy Policy and the P3P "compact" policies, this Privacy Policy shall control.
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| Children and privacy |
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Like you, we at Esprit are concerned about the safety of children. We have no intention of collecting personal information
from children under the age of 13. If a child has provided personal information, a parent or guardian may so inform us by
emailing service@espritshop.com or calling toll-free 1-877-377-7488 (1-877-ESPRIT8), and we will use commercially reasonable
efforts to delete it from our database, subject to applicable law and this Policy. For more information about children's
privacy on the internet, please see http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
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| Information about enforcement of our Policy |
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This Policy is part of the Terms of Use for our Site. As a contract, we are both bound by those Terms. If you think we
are in default, you may contact us at Our Legal Notices Address.
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| Information about: Legal Notices & Identity Theft |
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Notices Generally. When you create an account during your checkout process we will ask for your email address.
Although we may still provide notice by posting, if we provide notice by email, we will use for all notices, including
legal notices, the address you have given us.
- Legal Notices. Subject to applicable law and this section, you:
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Agree that we may send you legal notices by email, including (without limitation) notice of subpoenas or the like.
You agree to keep that address current. You also agree to check for notices posted on the Site; and
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Acknowledge that there is only one of you but we have several locations, receive many emails, and not all employees are
trained to deal with every kind of communication. Accordingly, you agree to send us all legal notices,
including (but not limited to) any relating to breach, by mailing them to ESPRIT US Online Shop, LTD., 1370 Broadway,
16th Floor, New York, NY 10018, Attn: Finn Simper ("Our Legal Notice Address"). If you send your notice by certified mail,
return receipt requested, the post office will give you proof when we receive it. If a law, nevertheless, requires us to
accept email notice, call us at 1-877-377-7488 (1-877-ESPRIT8) for our address established for receipt of such notices (if any).
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Identity Theft. If you or any other person believes they are a victim of identity theft entitled by law to request
information from us, write us at Our Legal Notice Address and also provide all Required Information.
We will supply without charge the information legally required to be disclosed that we then have, subject to applicable
law and reserving all of our rights and defenses.
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| Amendment of this Policy |
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We reserve the right to change this Policy in our discretion in accordance with the provisions regarding amendment
in the Terms of Use.
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| CATEGORY INFORMATION** |
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** We reserve the right to add, delete or alter categories from time to time.
*** We only use your credit card number for processing your order. We do not store it permanently.
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| Submitting A Claim for Identity Theft |
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If you or any other person believes they are a victim of identity theft entitled by law to request certain business
records in our control ("Claimant"), we will attempt to verify the claim as allowed by law. Claimant needs to do all of
the following:
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1. Information about the Transaction. Write us at Our Legal Notice Address and include in the
letter the following information about the transaction that Claimant knows or can readily obtain: (a) the date of the
transaction or other relevant act; (b) any other identifying information such as an account or transaction number; and (c)
other information reasonably relevant to the transaction alleged to result from identity theft; and
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2. Information about Claimant. Include in the letter information that identifies Claimant, including:
a government-issued identification card such as a driver's license. Claimant may send us a copy but we reserve the
right to have Claimant physically present it to us or our agent; and
personal information about Claimant of the type that was provided by the alleged identity thief, or of the type that
we typically require for transactions, including Category Information; and
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3. Affidavits and Police Report. Include with the letter:
a properly completed and executed affidavit of fact on a form acceptable to us. If we develop our own form,
we will post it for Claimants to download and sign before a notary public; if no form is posted, Claimant may
use the standardized form available at the time of Claimant's request from the FTC; and
a copy of the police report evidencing the claim of identity theft; and
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4. Authorization for Sharing with Law Enforcement. If Claimant wants us to provide the records we provided to
Claimant to a law enforcement agency or officer investigating the identity theft, Claimant must specify in the letter
who that agency or officer is and supply their proper mailing address. Even without specification, we may still provide
the records (in our discretion) if Claimant has otherwise authorized that agency or officer to take receipt of the records.
We reserve the right to require without prior notice, more, less, or different information that applicable law may
allow from time to time.
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Once we receive all required information, we will provide records as required by law (subject to our rights and defenses).
If we are required to comply with laws other than federal law, Claimant's rights and ours may vary from the above.
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