1. Personal Information We Collect
2. How We Use the Personal Information We Collect
3. Personal Information We Share
4. How Long We Retain Personal Information
5. Advertising and Analytics Services Provided by Others
7. Your Choices
8. Additional Disclosures
9. Your California Privacy Rights
10. Contact Us
1.PERSONAL INFORMATION WE COLLECT (Back to Contents)
1.1 Personal Information Collected Directly from You
We collect personal information you provide directly to us. For example, we collect information when you create a profile on our Site, fill out a form, provide your information for inclusion in a client book, participate in a sweepstake, contest or promotion, make a purchase, apply for a job, communicate with us via third-party social media sites, request customer support, or otherwise communicate with us. The types of personal information we may collect include your name, address (billing and shipping), email address, telephone number(s), credit card number(s), birth date, gender, information you submit in connection with a career opportunity at John Hardy (including work history, education, skills, and details about your current employment), security question answers and any other information you choose to provide.
1.2 Personal Information Collected Automatically
When you access or use our Site, visit our stores or otherwise transact business with us, we automatically collect information about you, including:
- Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
- In-Store Activity: When you shop in our stores, we collect information about your activity through closed circuit TVs for security monitoring.
- Log and Usage Information: We collect information related to your access to and use of the Site, including the type of browser you use, access times, pages viewed, links clicked, your IP address, and the page you visited before navigating to our Site.
- Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies, including cookies and web beacons, to collect information. Cookies are small files sent by us to your computer or device that help us gauge the success of our Site and will track session information such as what pages you access and for how long, which allows us to make updates to enhance your experience, including recognizing your preferences to make shopping easier for you and providing you with a customized experience. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used on our Site or in our emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see “Your Choices” below.
1.3 Personal Information We Collect from Other Sources
We may also obtain information about you from other sources. For example, we may collect information about you from social media sites, our business partners or public sources. Additionally, if you log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.
1.4 Personal Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address or that you are interested in purchasing a certain product based on your browsing behavior on our Site.
2.HOW WE USE THE PERSONAL INFORMATION WE COLLECT (Back to Contents)
Our customers are at the heart of what we do. We use the personal information we collect to provide you with our products and improve your shopping experience. We also use the information to:
- Provide, maintain and improve our Site, including to create and manage your online account and provide you with more relevant and personalized content;
- Complete the transactions you request, perform our contractual obligations, and as otherwise anticipated within the context of our ongoing business relationship;
- Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity;
- Monitor, audit and analyze trends, usage, and activities in connection with our Site;
- Display advertisements based on your preferences, interests, and browsing behavior (for more information, see “Advertising and Analytics Services Provided by Others”);
- Conduct internal research and development;
- Identify and authenticate users and send updates, security alerts, and support and administrative messages;
- Respond to your comments, questions, requests and any other communications from you, including to provide customer service;
- Communicate with you about products, services, opportunities and events offered by John Hardy and our partners and provide news and information we think will be of interest to you (see “Your Choices” below for information about how to opt out of these communications);
- Debug, identify and repair errors that impair the functionality of our Site;
- Comply with our legal obligations;
- Carry out certain short-term activities and other reasonable internal purposes related to the products you purchase from us or your ongoing relationship with us;
- Facilitate sweepstakes, contests and promotions and process and deliver entries and rewards; and
- Carry out any other purpose described to you at the time the information was collected.
Where the processing of your personal information is based on contractual or legal obligations, failure to provide required or necessary personal information may result in John Hardy being unable to proceed with our performance, either in part or in whole, with respect to such contractual or legal obligations.
3. PERSONAL INFORMATION WE SHARE (Back to Contents)
- With third-party vendors, service providers, outsourced companies and consultants that need access to your information in order to perform services for us (e.g., warehouse, fulfillment and delivery companies, logistics service providers, payment processors, insurance providers and web hosting vendors);
- With third-party marketing partners for advertising and commercial purposes;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
- · If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or if we believe disclosure is necessary or appropriate to prevent physical harm and/or financial loss or to protect the rights, property, and safety of John Hardy or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company, joint venture, reorganization, divestiture, dissolution or liquidation; and
- With your consent or at your direction or as otherwise permitted by law.
We may also share aggregated or de-identified information that cannot reasonably be used by third parties to identify you.
4. HOW LONG WE RETAIN PERSONAL INFORMATION (Back to Contents)
We retain your personal information for as long as it is needed for the purposes described herein and to the extent permitted by applicable law. This generally means that we will keep your personal information following the end of our relationship or account closure where necessary for the business purposes described herein.
You may request that we delete your information or restrict the processing of such information by contacting us as described in the “Your Choices” section, although there are circumstances where we may retain your personal information for longer periods of time in accordance with applicable law, such as where retention:
- Is consistent with applicable statute of limitation periods;
- Enables us to comply with mandatory applicable law; or
- Helps ensure accurate record of our transactions in the event of complaints or disputes.
Where we process your personal information solely with your consent, your personal information will be deleted, destroyed, or de-identified, subject to the requirements and conditions prescribed by the applicable law.
5. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS (Back to Contents)
We may also work with third parties to serve ads to you as part of a customized campaign on third-party platforms (such as Facebook, Microsoft or Google). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.
6. SECURITY (Back to Contents)
We take reasonable administrative, technical, and physical measures to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. While we strive to protect your personal information, we cannot guarantee the security of your information.
7. YOUR CHOICES (Back to Contents)
7.1 Account Information
You may update and correct your online account information by logging into your account or emailing us at email@example.com. You may also use the above email address to request access to the personal information we maintain about you or request that we correct, update, amend, de-identify or delete your information, or restrict our processing of such information. You may also contact us to request to opt-out of having your personal information shared with third-party marketing partners. You may withdraw any consent previously given to us at any time. If you wish to unsubscribe from our mailing lists, you can follow the “Unsubscribe” link provided in our emails.
If you wish to deactivate your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
7.2 Cookies and other Tracking Technologies
You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section).
Please note that you may need to take additional steps to refuse or disable web beacons and similar technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you and any differences in service are related to the data. Deleting cookies may in some cases cancel the opt out selection in your browser.
Some of our third-party partners are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here.
Some mobile and web browsers transmit “do-not-track” signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these “do-not-track” signals.
7.3 Promotional Communications
You may opt out of receiving promotional emails from John Hardy by following the instructions in those emails or by sending an email to email@example.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
8. ADDITIONAL DISCLOSURES FOR INTERNATIONAL CUSTOMERS (Back to Contents)
8.1 Transfer of Information to the United States and Other Countries
John Hardy has operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it as required by applicable laws.
8.2 Additional Disclosures for International Customers
If you are located in the European Economic Area (EEA), the United Kingdom, Switzerland, or other countries which provide certain additional rights and protections under the law regarding the processing of your personal data, this section applies to you. JOHN HARDY USA Inc. is the data controller for the processing of your personal data.
Legal Basis for Processing: When we process your personal data, we will do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you requested).
- When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
- To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
- When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.
8.3 Data Subject Rights
Subject to certain limitations, you have additional rights to request a copy of personal information we maintain about you, to request the rectification or the erasure of your personal information, to receive your personal information in a commonly used and machine-readable format and to have such information transmitted to a third party (where it is technically feasible), to object to or request suspension of the collection, use and/or disclosure of your personal information, and to file complaints with the relevant data protection authority in your country. If you would like to exercise any of these rights, call 1-888-838-3022, email firstname.lastname@example.org or fill out this webform.
8.4 International Partners
If you are located in the EEA or the UK, you can manage your cookie preferences by following the Cookies Settings link located in the consent banner at the bottom of the page, in addition to exercising the choices described above under “Your Choices”.
9. YOUR CALIFORNIA PRIVACY RIGHTS (Back to Contents)
Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.
Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers; characteristics of protected classifications under California or federal law; commercial information; Internet or other electronic network activity information; electronic, audio, visual or similar information; and inferences made by us. For examples of the precise data points we collect and the sources of such collection, please see “Personal Information We Collect” above. We collect personal information for the business and commercial purposes described in “How We Use the Personal Information We Collect” above.
Disclosure of Personal Information: We may share the categories of personal information listed above with third parties as described in the “Personal Information We Share” section. In the preceding 12 months, we have disclosed information about California residents from the categories of personal information listed above for business or commercial purposes to the third parties listed above, including with data analytics providers, insurance providers, fraud prevention partners, fulfillment partners, advertising and marketing partners, and payment processors.
We do not knowingly collect or sell any information from minors under 16 years of age.
Your Rights: If you are a California resident, you have the right to (1) request more information about the categories and specific pieces of personal information we have collected, sold and disclosed for a business purpose in the last 12 months, (2) request deletion of your personal information, (3) to opt out of sales of your personal information, if applicable, and (4) not be discriminated against for exercising these rights. You may make these requests by contacting us at email@example.com or 1-888-838-3022 or filling out this webform. Once we receive your request, we will verify it by asking you to provide information related to your account and your recent interactions with us. If we receive your request from an authorized agent, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.
Financial Incentives: We offer various financial incentives to increase engagement with John Hardy. For example, we may provide discounts, coupons, and other benefits for customers who sign up to receive our marketing emails or join certain discount programs. When you participate in one of these programs, we collect personal information from you, such as identifiers like your name and email address and commercial information, such as your purchase history. We do not assign a monetary value to the personal information we collect. You can opt into these programs by following the sign-up instructions, and you have the ability to opt-out of them at any time by contacting us at 1-800-838-3022 or firstname.lastname@example.org. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up.
10.CONTACT US (Back to Contents)
If you have any questions about this policy, please contact us at:
JOHN HARDY USA Inc.
490 Broadway, 3rd Floor
New York, NY 10012
Last Updated: September 12, 2022
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