Legal Terms
Philosofée Privacy & Usage Policy
August 19, 2016
INTRODUCTION
Philosofée LLC values its customers and respects their privacy. This Privacy and Usage Policy applies to personal information that we collect about you in the United States, including but not limited to data collected through our websites and mobile applications. This information is used to improve your shopping experience and to communicate with you about our products, services and promotions. Neither your name nor any of your personal information is sold to any other non- affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with business partners that help this site function or assist us in fulfilling or servicing your order, as well otherwise detailed below. Personal information that we collect about you outside of the United States shall be governed by separate privacy policies.
This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain information. If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears on this policy. We shall not apply changes in our policy retroactively to information collected from you under a prior policy if, in the reasonable exercise of our discretion, we determine that the changes substantively affect your rights, unless we have given you notice of the changes of the policy and an opportunity to opt out. We will provide this notice to you by email if we have a current email address for you and otherwise by posting notice of the change prominently on the home page of our website.
INFORMATION WE COLLECT & HOW WE USE IT
We sometimes ask you for certain kinds of personal information to provide the services we offer. By providing your personal information as set forth herein, you are authorizing Philosofée to store and use your information accordingly. This information includes:
• Shopping: We may ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship the items to you. If you elect to be added to the Philosofée marketing list, we may use your contact information to communicate with you about our products, services, surveys and promotions.
• My Account: You have the opportunity to create a personal shopping account with Philosofée, which allows you to shop faster and easier. Using a user name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize Philosofée to store your name and email address. Should you elect to do so, you may also include in your “My Account” your telephone number, payment card information, and shipping and billing addresses. If you choose to include such additional information then you are also authorizing Philosofée to store such information accordingly. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our website we strongly encourage you to log out at the conclusion of your session.
Through the “My Account” feature, you may create a Wish List of products you want and share the items on your list by copying and pasting the URL. You may elect to make this Wish List public, so that friends and family can search for you by either name or email address.
When you create an account with Philosofée, you will be given the option to be added to the Philosofée marketing list. Whether or not you select this option, your personal information will never be sold to anyone and except as specifically provided herein, your personal information will not be shared.
• Email List: You may also sign up on the website to receive promotional emails from Philosofée. To sign up we may ask for information such as your name, email address, mailing address, telephone number, gender, age, birthday and preferences. Subscriptions to the email list can be cancelled at any time.
• Removal from Lists: To be removed from our marketing list, please email us at info@philosofee.com . You may also click the unsubscribe button found at the bottom of the emails in order to be removed from emails that we send you. Please allow us at least ten (10) business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
• Customer Care: If you call, email or chat with our Customer Care center, we may ask for information such as your name, email address, mailing address, telephone number and if you choose to make a purchase, your credit card information. We use this information to assist you and to process or review your transaction. When you place an order through Customer Care, you will be asked to provide your credit card information. Philosofée does not store your credit card information unless you choose to include it in your “My Account” (see above).
• Email to a Friend: You may be able to share certain content from this website with your friends. In order to do so, we may ask for information such as your name, email address, zip code and telephone number, as well as for your friends’ contact details, in order for Philosofée to fulfill your request, on your behalf and under your sole responsibility as regards to their consent to receive a message from you via this service.
INFORMATION WE COLLECT BY AUTOMATED MEANS
Cookies
We may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our website.
We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive.
Cookies help us to improve our website and to deliver a better and more customized service. They enable us:
• To estimate usage numbers and patterns
• To store information about your preferences, and to allow us to customize our website according to your individual interests.
• To speed up your searches.
• To recognize you when you return to our website.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the website or unable to avail yourself of some of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our website. Additionally, if a browser is set to issue a “do not track” signal, we do not place tracking cookies on this browser.
We also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to our website, and your interaction with our advertising and other communications.
This information may be used to improve our website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.
Mobile Location Analytics Data
We may use tracking technology to collect certain information about your Wi-Fi enabled mobile device, including the presence of the device in our stores, its signal strength, its manufacturer, and a unique identifier known as its Media Access Control (“MAC”) address (collectively, “Customer Mobile Device Data”). This Customer Mobile Device Data may be collected for the purpose of determining the amount, location and frequency of customer traffic into our stores. A mobile device’s MAC address identifies a specific device to the surrounding Wi-Fi networks. The MAC address does not disclose the identity or any other personal data of the mobile device user.
You may opt-out of having your MAC address recorded by visiting the following link and entering your mobile device’s MAC address: https://optout.smart-places.org/
Use of Your Personal Information
We use the information we collect from our customers for various purposes, including:
• Process transactions upon their request.
• Improve our stores, website, customers shopping experience and quality of service.
• Determine the amount, location and frequency of customer traffic into our stores.
• Send communications to you about our products, services surveys and promotions.
• Prevent and detect fraud and abuse.
• Process information or claims in connection with incidents at our stores.
• Enable our service providers to perform certain activities on our behalf.
• Comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes.
• Combine information obtained in store and online for the purposes identified above.
Others with Whom We May Share Your Information
Service Providers: We may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing emails; (c) assist us with direct marketing and data collection; (d) provide us data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone; and (g) provide other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements and in a manner consistent with this Privacy and Usage Policy.
Compliance with Law: We may provide access to information when legally required to do so, to cooperate with legal proceedings, to protect against misuse or unauthorized use of our website, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this website or the public.
Links to other sites
While visiting our website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Philosofée website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Philosofée Privacy and Usage Policy. Please make sure you understand the other site's privacy policy before providing personal information.
Security
Philosofée uses commercially reasonable measures to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via email. Our customer service center and stores also operate over a private, secure network. Please note, however, that email is not encrypted and is not considered to be a secure means of transmitting credit card information.
We use what we consider to be industry standard security technology in transferring information to process your orders. All credit card transactions should take place in a protected area of our website, which is designed to reduce the risk of any loss, misuse or alteration of the information collected.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. We may, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
Spoofing and Phishing
Spoofing or Phishing are common Internet scams. These may occur when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that Philosofée will NEVER send you an email requesting you to verify credit card or bank information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at info@philosofee.com, as we will endeavor to investigate all instances of possible Internet fraud.
Your Consent
You acknowledge that this Privacy and Usage Policy is part of the Terms of Use and you agree: (1) that using our website signifies your assent to Philosofée's Privacy and Usage Policy and related terms of use provided above; (2) that such policy is subject to all applicable laws; and (3) your use is undertaken at your own risk. Philosofée reserves the right to change this Privacy and Usage Policy at any time, without advance notice. As described above, if we decide to change our Privacy and Usage Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it. In the event of a corporate reorganization or asset transfer, your personal information may also be transferred. However, use of your personal information will remain subject to this Privacy and Usage Policy. By giving us your personal information you consent to those transfers occurring.
Philosofée Terms of Use
August 19, 2016
This website available at http://www.philosofee.com is published by Philosofée, LLC, registered in the United States of America, with office located at 13900 Tahiti Way, Marina del Rey, CA, 90292.
Please read the following terms and conditions carefully before using the website. By accessing this website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the website. We recommend that you keep a printed copy of these Terms of Use for future reference.
Intellectual Property Ownership & Use
Please be aware that as you visit and navigate this website your use of our website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.
Trademarks
You may not use any of the Philosofée trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Philosofée name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Philosofée's products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
Copyright
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Philosofée and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.
Non-Confidential Information
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Errors & Inaccuracies
We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Shipment of Order
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on philosofee.com. All purchases from philosofee.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Applicable Law
By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.
HOW TO CONTACT US
If you have any questions about your privacy or security on our website, please contact us at info@philosofee.com.