Privacy and Data Protection Policy for the BLK DNM Holdings, Inc. Websites
Last updated: July 18th 2014
Except where otherwise expressly indicated herein or on or through the Site, this Policy only applies to information collected through the Site. This Policy does not apply to information collected outside of the Site. Capitalized terms not defined in this Policy are defined in the Terms of Service.
INFORMATION WE COLLECT
We do not require you to submit any more information than is necessary to use the Site effectively. We collect the following information that you share with us that can be divided into three categories described below.
1. Personally Identifiable Information: "Personal Identifiable Information" or "PII" is information that can personally identify you and we will only use such information in a manner consistent with this Policy. We maintain one or more databases to store your PII and may retain it as reasonably required to serve you and operate the Site. PII that we collect depends on how you use the Site. For example, if you register to use the Site, we may collect your name, email address and telephone number. PII also includes shipping and billing address, as well as credit card or other financial account number information. Providing your PII to us is your choice. If you choose not to provide us with certain PII, you may not be able to take advantage of certain features of the Site.
2. Non-Personally Identifiable Information: We may also collect non-personally identifiable information from you which is data that, by itself, does not allow is to identify you personally. Examples include birthday, zip code, or demographic information. Sometimes we may aggregate and/or anonymize PII such that it becomes non-personally identifiable information.
3. General Information: When you visit the Site, we may collect various categories of general non-personally identifiable information (“General Information”). General Information includes browser information, operating system information, dynamic IP address and the date, time, length of stay and specific pages accessed during your visits to the Site. General Information may be combined and/or linked to PII in which case we will treat such combined information as PII.
ONLINE IDENTIFICATION TOOLS
Like many website providers, we use your IP address to help diagnose problems with our servers and provide a better web experience. Your IP address is used to help identify you and your shopping cart and gather General Information. Like many website providers, we may use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Site. Web beacons collect General Information, such as the type of browser that you use and your IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link General Information to PII. Web beacons usually are not visible to you.
We also use “cookies,” both “session” and “persistent,” to keep track of your shopping cart and for other purposes like personalizing the Site. A cookie is a small file stored by your Internet browser on your computer. A “session cookie” stores temporary information that is erased when you close your web browser or turn off your computer.
THIRD PARTY WEBSITES
HOW YOUR PERSONALLY IDENTIFIABLE INFORMATION IS PROCESSED AND DISCLOSED
NON-PERSONALLY IDENTIFIABLE INFORMATION AND GENERAL INFORMATION
You agree that we may share with third parties Non-Personally Identifiable Information and General Information.
OUR SITE IS NOT FOR USE BY MINORS
We do not knowingly market to or collect information from any person under the age of 13. To use the Site, you must be the 13 years or older. By using the Site, you hereby represent that you are at least 13 years or older in your place of residence. The Site does not contain an application or other mechanism to determine the age of users. All information provided to BLK DNM will be treated as if it was provided by person 13 years or older. If, however, we learn that a person has submitted information about himself/herself to us and is under the age of 13, we will attempt to delete the account and any related information as soon as possible.
CONTROLLING YOUR PERSONALLY IDENTIFIABLE INFORMATION
If you tell us that you do not want us to use your PII to contact you, BLK DNM will respect your wishes. You may instruct BLK DNM to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in each email. BLK DNM may, however, continue to use your PII to contact you to service your account or as otherwise authorized by law. Please note that if you use more than one name or e-mail address when communicating with BLK DNM or using the Site, you may continue to receive communications from BLK DNM to any name and/or email address not specified in your opt-out request.
If you would like to modify or delete your PII, please send an email to CONTACT@BLKDNM.COM with clear instructions in the body of the email about what you would like to modified or deleted. We will respond to your request promptly.
BLOGS, REVIEWS AND FORUMS
The Site also may from time to time offer publicly-accessible blogs, customer reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your PII from blogs, customer reviews or forums, please contact us at CONTACT@BLKDNM.COM. Please note that in some cases we may be unable to remove your PII, in which case we will let you know if we are unable to do so and why.
THIRD PARTY LINKS
We may provide links to third-party web sites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.
CALIFORNIA PRIVACY RIGHTS
California residents may request once a year, free of charge, certain information regarding disclosure of PII by us to third parties for direct marketing purposes. Upon request will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. To make such a request, please email us at CONTACT@BLKDNM.COM or write to us at: BLK DNM, 237 Lafayette New York, NY 10012, USA. We reserve our right not to respond to requests submitted other than to the email or postal address specified above. You must put “California Privacy Rights” in the subject line and in your request. You must provide us with the specific information regarding yourself so that we can accurately respond to your request.
CALIFORNIA DO-NOT-TRACK DISCLOSURE
Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking “cookies” as browsers with the “do not track” option selected may still accept “cookies.” Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. We do not respond to “do not track” signals at this time. If we do so in the future, we will modify this Policy accordingly. More information about “do not track” is available at http://www.allaboutdnt.org. Note that the information contained on this website is provided by a third party with which we have no affiliation.
We do not authorize the collection of your PII for third party use through advertising technologies without you providing consent directly to such third parties.
INFORMATION FROM CUSTOMERS OUTSIDE OF THE UNITED STATES
UNLESS PROVIDED FOR OTHERWISE UNDER YOUR APPLICABLE NATIONAL LAW, YOU AND BLK DNM AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
We maintain a variety of commercially reasonable safeguards designed to protect your PII from unauthorized access and disclosure. For example, we use industry-accepted tools and techniques to protect against unauthorized access to our systems. You should be aware, however, that we have no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites from our Site. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.
As you are likely aware, no system can be completely secure. While we implement commercially reasonable measure to secure your information, we do not promise, and you should not expect, that your PII or other communications always will remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you as required by law, if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you or through alternative means. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission’s Web site at http://www.consumer.ftc.gov/ for information about how to protect yourself against identity theft.
If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of a party to obtain substantially the bargained-for performance of another party will not have thereby been impaired.
If any party fails to perform any term hereof and another party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
The headings and captions contained herein are for convenience only.