OFFICIAL RULES FOR THE DONNA KARAN COMPANY LLC’S
“CARA WANTS YOU” CASTING CALL
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF BEING SELECTED.
CASTING DESCRIPTION: The “Cara Wants You” Casting Call (the “Casting Call”) begins on or about June 9, 2014 at 12:01 a.m. Eastern Time (“ET”) and ends on June 16, 2014 at 11:59 p.m. ET (the “Casting Period”). During the Casting Period, entrants will have the opportunity to submit a photo using their Instagram account (the “Submission”) for consideration as more fully set forth below. At the end of the Casting Period, The Donna Karan Company LLC and Ms. Cara Delevingne shall select an entrant or number of entrants to be determined in The Donna Karan Company LLC’s sole discretion from among all eligible Submissions received during the Casting Period, as set forth more fully below. Entry in the Casting Call does not constitute entry into any other casting call, promotion, contest or sweepstakes. By participating in the Casting Call, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Donna Karan Company LLC, 550 Seventh Avenue, New York, New York 10018 (“DKC”), which shall be final and binding in all respects. This Casting Call is in no way sponsored, endorsed or administered by, or in association with, Instagram.
IMPORTANT NOTE: By entering the Casting Call, all entrants understand and agree that all Submissions will be posted on the Internet (and other media as designated by DKC in its sole discretion) for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, no entrant will be eligible to be selected as a Selected Model unless DKC determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes and that such entrant is otherwise eligible to participate in the Casting Call and the Shoot.
Limit one entry per person and/or Instagram account/e-mail address. Limit one Submission per person and/or Instagram account/e-mail address. Entries using more than one Instagram account will be ineligible. All entries must be received by the end of the Casting Period in order to be considered. DKC will be the official timekeeper for this Casting Call. Proof of entering information on Instagram is not considered proof of delivery to or receipt by DKC of such entry.
ELIGIBILITY: This Casting Call is open to persons who are eighteen (18) years of age or older (and have reached the age of majority in their jurisdiction) as of the date of entry. Directors, officers, and employees of DKC, its parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Casting Entities”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter the Casting Call or participate in the Shoot. This Casting Call is void where prohibited by law.
SELECTION AND NOTIFICATION: At the end of the Casting Period, the selected entrants (the “Selected Models”) will be selected by DKC (or its designee) to be featured in a campaign to promote the CARA DELEVINGNE FOR DKNY capsule collection based upon the following criteria: (i) how well the Submission reflects the DKNY brand image; and (ii) quality of the image (the “Judging Criteria”). The Judging Criteria are to be applied in the sole discretion of DKC; each entrant agrees to be bound by and not challenge the final decisions of DKC. DKC will attempt to notify the potential Selected Models by sending a notification via Instagram private post containing instructions for submission of additional materials and information that the potential Selected Models must submit to DKC for further consideration in the Casting Call. The potential Selected Model must follow the instructions provided by DKC and submit the additional materials (the “Additional Materials”) and information (the “Information”) to DKC (or its designee) within the timeframe designated in DKC’s notification. DKC shall have no liability for any Selected Model’s notification that is lost, intercepted or not received by a potential Selected Model for any reason. Starting on or about July 3, 2014, DKC will contact by email and/or telephone the potential Selected Model(s) who have been selected to proceed to the final round of the Casting Call. Potential Selected Models will have twenty-four (24) hours to respond to this notification and to return the documentation requested by DKC. If a potential Selected Model does not respond to a notification and does not submit the requested documentation within the designated timeframe, or if a notification is returned as unclaimed or undeliverable to such potential Selected Model, then such potential Selected Model will forfeit his or her participation in the Shoot and an alternate Selected Model may be selected. If any potential Selected Model is found to be ineligible, or if he or she has not complied with these Official Rules or declines for any reason prior to the photo shoot, such potential Selected Model will be disqualified and an alternate Selected Model may (but is not required to) be selected.
Potential Selected Models will only be contacted by the Instagram handle @donnakarandkny. Any other handles or contact through any other means are not authorized and have no affiliation with the Casting Call.
CAMPAIGN: The Casting Call is for a model/models to be featured in a campaign to promote the CARA DELEVINGNE FOR DKNY capsule collection. The modeling shoot is currently scheduled to take place on July 12, 2014 through July 16, 2014 in New York City, New York. DKC will pay for the Selected Model’s (or Selected Models’) (i) round-trip coach airfare between the major airport that is nearest to the Selected Model’s (or Selected Models’) residence and New York City, New York; and (ii) reasonable hotel accommodations at a hotel selected by DKC in its sole discretion. All travel arrangements (including airfare and hotel arrangements) will be made by DKC in its sole discretion. If the Selected Model (or Selected Models) does not/do not or cannot participate in the Shoot due to scheduling conflicts, cancellations, postponement, an event of force majeure or for any other reason, such Selected Model(s) may be disqualified and an alternate Selected Model(s) may be selected. The Selected Model(s)’s schedule during the Shoot will be entirely at DKC’s sole discretion and is subject to change without notice.
If the Selected Model(s)’s residence is close enough to New York City, New York such that air transportation is deemed by DKC in its sole discretion to be unnecessary, the participation in the Shoot will not include air transportation from the Selected Model(s)’s residence and no other substitution or compensation will be provided in lieu thereof. The Selected Model(s) must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Shoot must be conducted on such dates as determined by DKC in its sole discretion. The dates of departure and return are subject to change at DKC’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel may vary depending upon points of departure and destination and fare fluctuations. DKC reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel is an estimate made before the Casting Call begins. The roundtrip air transportation element for the Shoot begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the Selected Model(s). A deposit or payment in advance, or presentation of a credit card by the Selected Model(s), may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Selected Model(s) is/are solely responsible for any charges and/or fees arising from changes made directly with the hotel. The restrictions/conditions stated herein are not all-inclusive and the Shoot described above may be subject to additional restrictions/conditions, which may be stated in the “Casting Call Documents” (as defined below) and/or other travel documents. In the event the Selected Model(s) engage(s) in behavior that, as determined by DKC in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, DKC reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Selected Model(s) home with no further compensation.
The Selected Model(s) shall be responsible and liable for all federal, state and local taxes (and the reporting consequences thereof) on the value of their compensation and any other fees or costs associated with the acceptance of the Casting Call and may be issued an IRS 1099 tax form and is/are advised to seek independent counsel regarding any forms of compensation received. Compensation will be awarded only if the potential Selected Model(s) fully comply(lies) with these Official Rules. All portions of the Casting Call are non-assignable and non-transferable. All details and other restrictions of the Casting Call not specified in these Official Rules will be determined by DKC in its sole discretion. No cash alternative or substitution of the Shoot will be allowed. The potential Selected Model(s) may be required to execute an Affidavit of Eligibility, a Liability Release, Confidentiality Agreement and (where imposing such condition is legal) a Publicity Release and any other documents required by DKC (collectively, “Casting Call Documents”). If any potential Selected Model fails or refuses to sign and return all Casting Call Documents within twenty-four (24) hours of notification, the Selected Model(s) may be disqualified and an alternate Selected Model may be selected.
GENERAL CONDITIONS: This Casting Call is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. DKC makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any participation in the Shoot or compensation furnished in connection with the Casting Call or Shoot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH SHOOT AND RELATED COMPENSATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DKC HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Entrant represents and warrants that the Submission, Additional Materials and Information (collectively, the “Entry Materials”): (i) are the entrant’s own original, previously unpublished, and previously unproduced work; (ii) were recently photographed or recorded and depict or describe entrant honestly and accurately; (iii) do not contain any computer virus (as applicable), are otherwise uncorrupted, are wholly original with entrant, and as of the date of submission, are not the subject of any actual or threatened litigation or claim; (iii) do not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) do not and will not violate any applicable laws, and are not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Casting Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. The provision of this paragraph and entrant's obligations hereunder shall survive the expiration of this Casting Call.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Casting Call hereby irrevocably grants to DKC, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry Materials for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. In addition, each Selected Model hereby irrevocably grants to DKC, its successors and assigns, an exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry Materials throughout the universe, in perpetuity, for any reason whatsoever. Without in any way limiting the foregoing, DKC shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate or alter the Entry Materials for any purpose which DKC deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. DKC shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. DKC shall retain the rights granted in each Entry Materials even if the Entry Materials are disqualified or fail to meet the Submission Requirements.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of participation in the Shoot constitutes the Selected Model’s permission for the Casting Entities to use the Selected Model’s name, video, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Casting Entities and Instagram: (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Casting Call/Shoot or any Casting Call/Shoot-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse relating to the Casting Call/Shoot, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Casting Call or participation in the Shoot, including, without limitation, to such Casting Call/Shoot’s quality or fitness for a particular purpose. DKC assumes no responsibility for any damage to an entrant’s, or any other person's, computer system which is occasioned by participating in the Casting Call, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, DKC is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. DKC reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Casting Call to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Casting Call, or to annoy, abuse, threaten or harass any other person, and DKC reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to DKC’s satisfaction, the affected entry will be deemed ineligible. DKC reserves the right to modify, extend, suspend, or terminate the Casting Call if it determines, in its sole discretion, that the Casting Call is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond DKC’s control have destroyed, undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Casting Call as contemplated herein. In the event an insufficient number of eligible entries are received and/or DKC is prevented from selecting Selected Model(s) or continuing with the Casting Call or the Shoot as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within DKC’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, DKC shall have the right to modify, suspend, extend or terminate the Casting Call and/or cancel the Shoot. If the Casting Call is terminated before the designated end date, DKC will (if possible) select the Selected Model(s) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only participation in the Shoot described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of DKC. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Casting Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Entry Materials to DKC for purposes of the Casting Call does not place the Casting Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry Materials. Each entrant understands and acknowledges that the Casting Entities have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry Materials and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Casting Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Casting Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry Materials. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Casting Entity’s actual or alleged exploitation or use of any Entry Materials or other material submitted in connection with the Casting Call, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: DKC shall have no obligation (express or implied) to use any Entry Materials or any materials or content created by the entrant (collectively, the “Content”), select any Selected Model/Models, include any Selected Model/Models in the Shoot, or to otherwise exploit any Submission, Additional Materials, Information or Content or, if commenced, to continue the distribution or exploitation thereof, and DKC may at any time abandon the use of the Submission, Additional Materials, Information or Content for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Casting Call, DKC reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Casting Call. DKC cannot accurately predict the number of entrants who will participate in the Casting Call.
FURTHER DOCUMENTATION: If DKC shall desire to secure additional assignments, certificates of engagement for the Submission, the Additional Materials, the Information, the Content or other documents as DKC may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon DKC’s request therefor.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR DKC IN CONNECTION WITH THE CASTING CALL SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Casting Call, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Casting Entities arising out of, relating to, or connected in any way with the Casting Call, the awarding or redemption of participation in the Casting Call or Shoot and/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 New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Casting Call; (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 the entrant’s and/or the applicable Casting Entities’ 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 the entrant or any Casting Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Casting Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, DKC agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DKC will pay as much of entrant’s 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 entrant nor DKC shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
RIGHT TO OPT OUT
You have the right to "opt-out" of certain of our uses of your Personal Information at any time. For example, at the time you are requested to provide Personal Information on the Properties, 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. (We will not share, sell or trade your Personal Information with other entities outside of the LVMH Family for their marketing purposes without your permission. See the "Do we share Personal Information and Usage Information with others?" section below for more information about our data sharing practices.) You may also make this request by visiting our unsubscribe page. You may also opt-out of DKC's promotional e-mails at any time by clicking on an opt-out link within the e-mail you receive.
Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, 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, please contact that entity directly.
What Information is Collected?
We may collect Personal Information from users of our Properties, for example, through such users' activities, transactions and completion of online forms on the Properties. Such information is collected, for example, when users register or subscribe for accounts, electronic newsletters, or features on our Properties, make online purchases, enter sweepstakes and contests, complete surveys, post materials, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Properties, submit a comment or question to us using a "Contact Us" or similar feature on our Properties, send us an e-mail, or in any other way submit Personal Information to us via our Properties.
We may automatically collect anonymous Usage Information that does not identify an individual user ("Usage Information"). For example, each time you use the Properties we may automatically collect the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to such Properties. We use this information to help us understand how people use Properties, and to enhance the products and services we offer.
We may use "cookies" to keep, and sometimes track, analytics and information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer's or mobile device’s hard drive. Cookies track where you travel on the Properties and what you look at and purchase. They may store the information in your shopping cart, wish list and/or your username and/or password. A cookie may enable us to relate your use of the Properties to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on the Properties, to determine which areas and features of the Properties are most popular, and to make improvements and updates to enhance the Properties experience.
If you do not wish to have cookies on your system, you can set your browser preferences to refuse them or to alert you when cookies are being sent. To disable cookies, please consult your browser’s “help” section for instructions. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Properties or certain areas or features of the Properties including preventing you from purchasing products from the Properties.
We may use "clear GIFs" (aka "web beacons" or "pixel tags") or similar technologies, in the Properties and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.
IP ADDRESS AND CLICKSTREAM DATA
Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you request pages from the Properties, our servers may log your IP Address, domain name, location, language preferences and other aggregate information. Our servers may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on the Properties; the website you visit after the Properties; the ads you see and/or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Properties or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the Properties. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Any or all of these activities with regard to website Usage Information may be performed on our behalf by our services providers including, for example, Borderfree and Linkshare.
HOW IS THE PERSONAL INFORMATION USED?
We will use the Personal Information you provide to the Properties, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the products, services and features offered on or through the Properties. We may also use your Personal Information to help us develop and improve the Properties, tailor the Properties to your interests, and maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies, promotions, contests and events, sponsored by us and others, that we think might interest you. DKC may offer electronic newsletters and e-mails as a service to our users. You will only receive a newsletter or promotional e-mail from DKC if you agree during your activities on or through the Properties, or using our newsletter sign up form, to receive these items. Unsubscribe instructions are included in each electronic newsletter and e-mail. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above, or by submitting a request through the “Contact Us” feature on our website or Properties. We may analyze user behavior as a measure of interest in, and use of, the Properties and e-mails, both on an individual basis and in the aggregate. We may also use the Personal Information for fraud protection or credit risk reduction.
Do we share Personal Information and Usage Information with others?
THE LVMH FAMILY
CO-SPONSORED CONTESTS, SWEEPSTAKES AND OFFERINGS
Some of our contests, sweepstakes and other offerings that we may make available on or through the Properties from time to time may be co-sponsored by another company. In those situations, unless you instruct us otherwise, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor and in accordance with any specific terms disclosed in such contest or sweepstakes. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies and in particular in accordance with any specific disclosures made to you at the time you participate in such contest or sweepstakes. We are not responsible for how our co-sponsors may use your information.
Currently, we use third party partners to provide our e-commerce solution, and we may use other third party partners to help operate the Properties and deliver our products and services. We may share your information with third party e-commerce solution partners, third-party payment providers (e.g., Visa, Mastercard and American Express), our affiliates, service providers, and other third parties that provide products or services for or through the Properties or for our business (such as Properties hosting or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications, and other similar service providers that use such information on our behalf). We require our service providers to maintain the confidentiality of your Personal Information.
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Properties 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 www.dkny.com who are 25 years of age is aggregate information that does not personally identify a specific user.
LEGALLY COMPELLED DISCLOSURES
In the event that DKC, any entity of the LVMH Family, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.
THIRD PARTY AD SERVERS
We may use third-party advertising companies to serve ads when you visit the Properties. If so, a list of these ad serving companies will be available here. These companies may use information (generally not including your name, address email address or telephone number) about your visits to the Properties and other websites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies and to opt out, see the Network Advertising Initiative's consumer website at www.networkadvertising.org/consumer-education.
If the email address you provide to us is a wireless email address, you agree to receive messages at such address from DKC and the rest of the LVMH Family (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. 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.
YOUR ACCESS RIGHTS
You may review the Personal Information that is stored in your user account on www.dkny.com by logging in at "My Account", or by calling our customer service department at +1-877-316-0975. 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.
Protecting your information is a priority for DKC. DKC will take reasonable steps to protect the security and integrity of all Personal Information provided to the Properties. For example, we use industry standard Secure Socket Layer (SSL) technology to protect the security of your sensitive online transactions and we store and process your Personal Information on secured servers. However, due to the inherent nature of the Internet as an open global communications vehicle, 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, such as hackers. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of DKC to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, DKC cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
If you contact us by e-mail, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
You may be able to create an account on the Properties with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Properties by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify DKC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify DKC when you desire to cancel your account on the Properties. To the maximum extent permitted by applicable law, (x) we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision and (y) you agree to indemnify and hold harmless DKC and other members of the LVMH Family for any improper, unauthorized or illegal use of your account.
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.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals purporting to represent a legitimate company such as a bank or on-line merchant, to send e-mail messages to consumers requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as "phishing."
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Properties password or credit/debit card information) via e-mail or to a website that does not seem to be affiliated with the Properties, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us by calling 1-877-316-0975 or by submitting a report through the “Contact Us” feature on our website or Properties.
CHILDREN AND PRIVACY
DKC is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We will never knowingly request personally identifiable information from anyone under the age of 13 (or other age where parental consent may be required) without prior verifiable parental consent when legally required. If we become aware that a customer has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
Information posted to message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information. Users under the age of 18 should be particularly careful not to provide any personally identifying information while using chat rooms, message boards, or any other public forums. Users of chat areas, message boards, or any other public forums must follow acceptable standards of behavior when posting messages online. DKC reserves the right to, but is not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate.
CONSENT TO PROCESSING
NOTE FOR INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your Personal Information that is of the same level as that applicable under the laws of the EEA member state in which you are located.
THIRD PARTY "LINKED-TO" WEBSITES
If you have any questions or comments regarding our privacy practices, you may contact us by calling +1-877-316-0975, sending an email to firstname.lastname@example.org, or by submitting a request through the “Contact Us” feature on our website or Properties. This website is sponsored by The Donna Karan Company LLC, 550 Seventh Avenue, New York, New York 10018.
Effective Date: December 19, 2013
Rights in Materials
As between you and DKC, DKC owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties. This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.
The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of DKC (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits DKC or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.
We will enforce our Trademark rights to the fullest extent of the law, including by seeking of criminal prosecution.
You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date.
Use of the Properties
You are responsible for your use of the Properties and for any use of Properties made using your account.
Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Properties, you may not:
o violate any law or regulation;
o violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;
o transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate;
o make statements or post materials that are false or misleading;
o send unsolicited or unauthorized advertising or commercial communications, such as spam;
o transmit any malicious or unsolicited software;
o stalk, harass, or harm another individual;
o impersonate or misrepresent your affiliation with someone else;
o use any means to "scrape," "crawl," or "spider" any web pages contained in Properties (although DKC may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and DKC reserves the right to revoke these exceptions either generally or in specific cases);
o use automated methods to send more requests to DKC servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
o interfere with or disrupt the Properties.
We reserve the right to refuse service and/or terminate access to the Properties without prior notice for any user who violates these policies.
User Generated Content
As between you and DKC, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.
Utilizing User Content
You grant DKC and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. DKC is not required to host, display, or distribute your User Content and we may remove or edit it at any time.
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to DKC upon DKC's request.
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
Monitoring and Managing User Content
We may, but are not required to, monitor and review your User Content.
DKC does not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of DKC.
You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.
Digital Millennium Copyright Act
DKC respects the intellectual property rights of others. Upon proper notice, DKC will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, DKC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send DKC’s copyright agent (listed below) a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit DKC to locate the material on the Properties;
(c) information reasonably sufficient to permit DKC to contact you, such as an address, telephone number, and, if available, an e-mail address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) your physical or electronic signature.
Please send all of the information listed above to the following DKC copyright agent:
Intellectual Property Counsel
The Donna Karan Company LLC and The Donna Karan Company Store LLC
240 West 40th Street
New York, NY 10018
Please do not send notices or inquiries unrelated to alleged copyright infringement to DKC’s designated agent.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
Orders for Products and Services
We may make certain products available for sale to visitors and registrants of the Properties. If you are a visitor based outside the United States of America, the products are made available to you from our third-party fulfillment partner, Borderfree, Inc., 292 Madison Avenue, Fifth Floor, New York, New York 10017, +1-212-299-3500 (“Borderfree”). If you purchase any products from Borderfree, the contract for their purchase will be between you and Borderfree and not between you and DKC.
You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older.
You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to DKC or Borderfree, as applicable. You agree to pay all applicable taxes. If payment is not received by us or Borderfree from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or Borderfree.
You agree that you are not permitted to resell any products purchased through or via any of the Properties for commercial purposes.
We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.
Returns of Products
You may cancel your order and/or return the products you purchased from the Site in accordance with our Returns/Exchanges policy, which is incorporated herein by reference for all purposes. A copy of our Returns/Exchanges policy is available on the Site.
Linking; Third Party Websites
If you include a link from any other website to the Site or to any of the Properties, such link shall open in a new browser window. You agree not to link from any other website to www.dkny.com or to any of the Properties in any way that "frames" any of our content or that surrounds or obscures any portion of the Properties with any other content, materials or branding. We may revoke your right to link to the Properties from your website at any time upon written notice to you.
You may be able to access or use the Properties from a third-party website, Internet resource, or software application ("Linked Sites"). You may also be able access and use a Linked Site from a link available on the Properties. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites on any of the Properties does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES.
THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER DKC NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Certain functionalities available on the Site may be covered by U.S. Patent No. 5,930,474.
Effective Date: December 19, 2013
California Transparency in Supply Chains Act of 2010 (SB 657)
The Donna Karan Company LLC is committed to conducting business in a lawful, ethical, and responsible manner. We expect our vendors to respect and adhere to the same business philosophy in the operation of their businesses.
California law requires certain companies doing business in California to disclose their efforts to address the concerns regarding slavery and human trafficking raised by the California Transparency in Supply Chain Act of 2010.
Consistent with our commitment, the Company conducts an ongoing internal assessment of its direct supply chain aimed, among other things, at understanding the potential challenges in a global supply chain of the risks of human trafficking and slavery. In that regard, we review government reports and updates from expert organizations and companies dedicated to social compliance issues.
We also have a Vendor Code of Conduct which is based upon principles of ethical business practice and recognition of the dignity of others. The Vendor Code of Conduct specifically prohibits the use of involuntary or forced labor, human trafficking, child labor, and harassment and abuse and requires compliance with applicable laws and regulations. We require our direct product vendors and manufacturing facilities to agree and abide by our Vendor Code of Conduct and supplemental vendor requirements and to certify that they obtained from their suppliers and subcontractors written assurances to also commit to these principles.
We engage third-party auditing firms to perform announced, semi-announced, and unannounced audits to evaluate compliance with our Vendor Code of Conduct and supplemental vendor requirements. Vendors are required to address any compliance issues identified during an audit or reaudit. Failure to address and correct violations of our Vendor Code of Conduct can result in a reevaluation of our business relationship with such vendor up to and including the termination of such business relationship. However, continuous improvement is a tenet of our compliance program.
We maintain internal accountability standards and procedures for employees regarding our commitment to the principles set forth in the Vendor Code of Conduct. In addition, the Company maintains confidential channels for employees and vendors to anonymously report related concerns.
We provide training to employees and management who have direct responsibility for supply chain management of direct finished goods geared toward raising awareness of the risks associated with human trafficking and slavery in supply chains, identifying potential risks, and addressing those risks if human trafficking and slavery are suspected.
About Tracking & Ads
We Use Various Tracking Technologies.
We–or third parties we work with–use several common passive data collection technologies. These may include cookies, pixel tags, or similar technologies.
We Use Tracking Technologies for Many Reasons.
We –or third parties acting on our behalf or on our website- use tracking technologies for many reasons. These include the following:
• To understand the activities and behaviors of our consumers and website visitors.
• To recognize new visitors to our websites.
• To recognize past customers.
• To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements.
• To serve you with customized or interest-based advertising. These ads may appear on our website or others you visit (see below for more on interest-based advertising).
• So we can better understand our audience, our customers, our website visitors, and their respective interests.
We Engage in Interest-Based Advertising.
We serve interest-based advertising using personal information gathered about you over time across multiple websites or other platforms. This might include apps. These ads are served on websites or apps. They might also be served in emails.
Interest-based or “online behavioral advertising” includes ads that are served to you after you leave our website, encouraging you to return. They also include ads we think are relevant to you based on your shopping habits or online activities.
How Do We Gather Relevant Information For Interest-Based Advertising?
To decide what is relevant to you, we might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others. We work with third parties who help gather this information. This information is gathered using the tracking tools described above.
How to Control Tracking Technologies.
You can control certain tracking tools. Many browsers give you the ability to delete or reject cookies. How you do so depends on the type of cookie. You can configure your browser to reject browser cookies. To control flash cookies go to http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. Why? Because flash cookies do not reside in your browser, and thus your browser settings will not affect them. Not all of the tracking described here will stop if cookies are deleted or blocked.
NOTE: If you configure your computer to block cookies, you may not be able to access certain functionality on our site or the toolbar. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.
You Have Options Over the Interest-Based Ads You See.
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit http://www.aboutads.info/choices/. Choices you make are both browser and device-specific.
Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our sites are not currently set up to respond to those signals.