TERMS & CONDITIONS
Last updated: August 27th, 2020
WH Buyer, LLC d/b/a WHP Global and/or its affiliated entities (collectively, “WHP,” “we,” “us” or “our”) make this website, mobile application, and other websites that display this Privacy Statement (collectively, this “Site”) available to you (“Customer”, “you”, or “your”) for your use subject to the terms and conditions in this Terms of Service Agreement (the “Agreement”).
By accessing or using this Site in any way, you agree to be bound by this Agreement. If you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use this Site. The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.
IMPORTANT NOTICE: YOUR USE OF THIS SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 9 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 9 OF THIS AGREEMENT FOR MORE INFORMATION.
1. GENERALLY
1.1. WHP’s Rights in and to WHP Materials. This Site, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by WHP or any subcontractor engaged by WHP in connection with this Site or otherwise comprise or relate to this Site, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “WHP Materials”) shall at all times remain the exclusive property of WHP and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license.
1.2. Grant of License. On the condition that you comply with all your obligations under this Agreement, and subject to additional terms of any third-party licenses applicable to third-party software included in this Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, right to access and use this Site solely for your personal purposes. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to this Site. Any use of this Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site. You are not acquiring any rights in or to the WHP Materials other than a non-exclusive right to access and use this Site solely in accordance with the term of this Agreement.
1.3. Modification. We may discontinue or alter any aspect of this Site, restrict the time this Site is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to this Site without prior notice or liability to you. Your only remedy is to discontinue using this Site if you do not want a modification we make to this Site.
1.4. Removal of Access. Your access to this Site is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to this Site or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to this Site; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
1.5. Defects and Availability. We use commercially reasonable efforts to maintain this Site, but we are not responsible for any defects or failures associated with this Site, any part thereof, any Feedback you provide, or any damages (such as consequential or indirect damages) that may result from any such defects or failures. This Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that this Site is provided over the Internet, so the quality and availability of this Site may be affected by factors outside of our control.
This Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of this Site. We do not represent, warrant, or guarantee that this Site will always be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to this Site being unavailable.
1.6. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of this Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which this Site is based; (3) use this Site or WHP IP to develop a competing service or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of this Site, servers, or networks connected to this Site or take any other action that interferes with any other person’s use of this Site; (5) decrypt, transfer, create Internet links to this Site, or “frame” or “mirror” this Site on any other server or wireless or Internet-based device; (6) use or merge this Site or any component thereof with other software, databases, or Site not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to this Site; (8) use this Site for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with this Site; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for any reason; (11) access or attempt to access any other user’s account; (12) use any WHP IP made available through this Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into this Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm this Site, or perform any such actions; (14) introduce into this Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter this Site, WHP Content, or notices on this Site; (16) connect to or access any WHP computer system or network other than this Site; or (17) impersonate any other person or entity to use or gain access to this Site.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
2. CONTENT AND MATERIALS ON THIS SITE
2.1. WHP Content. This Site may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “WHP Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any WHP Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the WHP Content.
2.2. User Content. This Site may allow you to upload, download, store, or transmit user-generated data or information, including personal information such as your name, photo, or contact details (“User Content”). By submitting User Content to this Site or by interacting with this Site through social media platforms (such as, for example, using a promoted hashtag), you grant WHP a nonexclusive, worldwide, royalty-free, assignable, sublicensable, perpetual right and license to use, copy, and display User Content in connection with WHP’s operation of this Site. You further grant WHP a nonexclusive, perpetual, assignable, sublicensable, worldwide, royalty-free right and license to use, copy, display, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, transfer, sublicense, create derivative works of, and compilations incorporating, User Content to provide benchmarking, performance improvement, marketing and advertising, and other lawful purposes in connection with the operation of WHP’s business, including without limitation as it relates to the design, manufacture, distribution, sale and/or promotion of any goods and/or services branded under any intellectual property owned by WHP.
YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU POST OR PROVIDE THROUGH THIS SITE. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT, WHP CONTENT, OR OTHER CONTENT YOU FIND ON THIS SITE IS SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE TRANSMISSION OF ANY OF USER CONTENT THROUGH THIS SITE.
2.3. User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of WHP or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, WHP, or this Site; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; (e) hacking or cracking; (f) illicit drugs and drug paraphernalia; (g) sale of alcohol, tobacco, or tobacco-related products; or (h) the sale of weapons or ammunition. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content. We cannot and do not assume any responsibility for your use or misuse of WHP Content, User Content, or any other information transmitted, monitored, stored, or received while using this Site. We reserve the right to amend or delete any WHP Content (along with the right to terminate or restrict use of or access to this Site) that in our sole discretion violates any of the above. By providing User Content via this Site, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such User Content. You agree that we are not liable for any legal violation caused by your use or misuse of WHP Content or other information transmitted, monitored, stored, or received while using this Site.
2.4. Feedback. We welcome your comments, feedback, information, or materials regarding this Site or any of the Products (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
2.5. Links; Third Party Materials. This Site may include links to other websites, resources on the Internet, or utilize the services or content of our Partners or other third parties (such as our e-commerce provider to process payment-related information in accordance with Section 5) (collectively, “Third Party Materials”). Because we have no control over Third Party Materials or the administration of Third Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials, or for any privacy or other practices of the third parties operating those website or providing such materials.
You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party website and Third Party Materials.
2.6. Ownership of Intellectual Property. WHP or its licensors exclusively own all right, title and interest in and to this Site, the WHP Materials, the WHP Content, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “WHP IP”).
Except as expressly provided herein, you have no right, license, or authorization with respect to any of the WHP IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the WHP IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm WHP’s right, title and interest in the WHP IP.
WHP is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any WHP IP. The sole exception of the foregoing reservation of rights is the limited, non-exclusive, and non-transferable authorization explicitly granted in Section 1.2, and which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any WHP IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
3. ACCOUNTS
3.1. Registration. Access to certain features on this Site may require you to be registered with us via a WHP-generated registration form. This form will require you to provide certain requested information, including personal information. Upon successful completion of this form, you will be provided with an account and login information including a username and password to successfully complete the registration process. You are the only person authorized to access and use your account. For more information about our collection of personal data about you in connection with account registration on this Site, please review our Privacy Statement.
3.2. Unauthorized Use and Information Changes. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
3.3. Storing Credentials. This Site may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access this Site. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to WHP or this Site resulting from unauthorized access to this Site from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
4. ACCESS THROUGH MOBILE DEVICES
4.1. Mobile Use. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using this Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection Site while accessing or using this Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. Please review our Privacy Statement for more information on how we administer SMS text messaging, including details on how to opt-out.
4.2. Additional Terms Applicable on the Android Market/Google Play. WHP and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates (“Google”), are a party to this Agreement, and you will look to WHP for any recourse, and not Google. You agree to be bound by the then-current Android Market Terms of Site as found on Google’s website: http://www.google.com/mobile/android/market-tos.html and the Google Play Terms of Service: https://play.google.com/about/play-terms.html. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to this Site. To the extent there is a conflict between any of the terms contained herein and those set forth in either the Android Market Terms of Service or Google Play Terms of Service, the Android Market Terms of Service or Google Play Terms of Service, whichever is applicable, will prevail and govern.
4.3. Additional Terms Applicable to iOS Devices. WHP and you both agree and acknowledge that neither Apple Inc., nor any of its subsidiaries or affiliates (“Apple”), are a party to this Agreement, and you will look to WHP for any recourse, and not Apple. You agree to be bound by the then-current Apple Media Service Terms and Conditions as found on Apple’s website: https://www.apple.com/ca/legal/internet-Site/itunes/ca/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Site. To the extent there is a conflict between any of the terms contained herein and those set forth in the Apple Media Service Terms and Conditions, the Apple Media Service Terms and Conditions will prevail and govern.
5. PRODUCT ORDERS
5.1. General. This Section governs your purchase of products made available through this Site (each, a “Product”) and offered for sale directly from WHP through our network of authorized retailers, partners, licensors and fulfillment centers (collectively, “Partners”). All Products offered via this Site are subject to availability and prices for Products are subject to change without notice at any time. All orders for Products (each, an “Order”) placed by you are subject to acceptance by us and/or our Partners. Our Partners may sell direct to you from time-to-time. All Orders shall, at a minimum, identify the Products purchased, quantities, price, shipping costs, and taxes. Once placed by you, WHP will use commercially reasonable efforts to secure title to the Product from our Partner and determine the date and time for shipment. WHP reserves the right to cancel or refuse any Order for any reason at any time prior to shipment, including after an Order has been submitted, whether or not the Order has been confirmed. We may attempt to contact you if all or a portion of your Order is cancelled, or if additional information is needed to complete and accept your Order. Products may be made available for reservation and pre-order via this Site. If you pre-order a Product that is not yet available for sale, we may, depending on the offer, charge your credit card for the cost of the Product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available.
5.2. Product Purchasing. To purchase a Product, you will be required to provide information regarding your credit card or other payment instrument (“Payment Method”) to our third party e-commerce platform provider, Shopify, Inc., a PCI-DSS compliant e-commerce merchant services provider (“Provider”).
You represent and warrant to WHP, our Partners, and our Provider that the information pertaining to your Payment Method is true and that you are an authorized user of the Payment Method. You hereby authorize us through our Provider to bill to your Payment Method in accordance with the terms of the Order for the Products you are purchasing. If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee up to the maximum amount permitted under applicable law and seek any other damages or remedies available. When providing a Payment Method, our Provider may allow you to keep such Payment Method on file in order to facilitate future Orders (WHP does not retain, store, or otherwise manage credit card information).
If your Payment Method expires and you do not edit your Payment Method information or cancel your account, we may reject your Order. If we do not reject your Order, you authorize us to charge you for any Product purchases you make, and you will remain responsible for any uncollected amounts.
5.3. Taxes. You are responsible for, and agree to pay, all taxes, fees, and any other duties or surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold WHP and our Partners harmless for any liability for taxes owed in connection with the sale of a Product.
5.4. Billing Details. Please email us at customercare@anneklein.com if you would like to receive more detailed account history or billing information, if you believe there are any billing errors, or if you have any other questions related to your account history or bill. You must notify us at customercare@anneklein.com or change your information via your online account immediately in the event of any change in your name, billing address, service address, email address, telephone number, credit or debit card, or other account information. You can dispute your account history or bill by contacting us at customercare@anneklein.com. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved.
5.5. Order Fulfillment. WHP does not guarantee shipping or delivery times and is not liable for the actions or conduct of our Partners or shipping carriers. A delayed delivery of any part of an Order does not entitle you to cancel other deliveries. WHP is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond WHP’s, our Partner’s, or our shipping carrier’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources (“Force Majeure”). In the event of Force Majeure condition, WHP’s time for performance shall be extended for a period equal to the time lost as a consequence of the Force Majeure condition without subjecting WHP to any liability or penalty. WHP may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to you.
5.6. Returns; Exchanges; and Refunds. Only Products originally purchased through this Site may be considered for return, refund, or exchange. To return a Product or request a refund or exchange, contact us at customercare@anneklein.com. WHP does not offer returns or exchanges for all Products at all times and exclusions may apply. For example, occasionally we may designate certain Products as non-cancelable, non-returnable (“NC/NR”) and the sale of such Products shall be final. Products listed as NC/NR status are identified on this Site and via the Order acknowledgement.
5.7. Limited Warranty. EXCEPT AS EXPRESSLY PROVIDED BY WHP OR OUR PARTNERS IN CONNECTION WITH A PRODUCT, WHP MAKES NO WARRANTIES REGARDING THE PRODUCTS AND ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WHP MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
5.8. Limitation of Liabilities. WHP SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, LOSS OF DATA, INJURY TO REPUTATION, PUNITIVE DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RELATED TO A PRODUCT OR AN ORDER. YOUR RECOVERY FROM WHP FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCT OR ONE HUNDRED DOLLARS ($100.00 USD) IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. YOU ACKNOWLEDGE THAT USE OF ANY PRODUCT IS AT YOUR SOLE RISK AND YOU AGREE THAT WHP IS NOT LIABLE, IN WHOLE OR IN PART, FOR ANY CLAIM OR DAMAGE ARISING FROM YOUR USE OF THE PRODUCT. YOU WILL INDEMNIFY, DEFEND AND HOLD WHP, OUR PARTNERS, AND OUR PROVIDER HARMLESS FROM ANY ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH (A) YOUR PURCHASE AND USE OF THE PRODUCT AND COMPLIANCE WITH THE PRODUCT DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (B) MODIFICATION OF A PRODUCT (INTENTIONAL OR UNINTENTIONAL), OR (C) USE IN COMBINATION WITH OTHER PRODUCTS.
6. REPRESENTATIONS
6.1. General Representations. You hereby represent and warrant that: (1) you (a) are over the age of 18; and (b) have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of this Site, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of this Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use this Site in order to gain competitive intelligence about us, this Site, or any Product or service offered via this Site or to otherwise compete with us; and (8) your User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party.
6.2. Systems Representations. You represent that you shall, at all times during the term, procure, set up, maintain, and operate in good repair, at your sole cost and expense, all equipment, resources, technology, or systems, including computer hardware and equipment, any Internet access, third party software, and telecommunications Site, necessary for you to access and use this Site (collectively, the “Customer Systems”). You further represent that in connection with your Customer Systems, you shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards necessary to securely administer the distribution and use of this Site, and protect against any unauthorized access to or use of this Site.
6.3. Feedback Representations. In the event you provide any Feedback via this Site, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
7. DISCLAIMERS OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THIS SITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THIS SITE WILL BE CORRECTED, THAT THIS SITE AND ANY CONTENT OR INFORMATION FOUND ON THIS SITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THIS SITE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. INDEMNITY; LIMITATION OF LIABILITY
8.1. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WHP, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF THIS SITE, (B) YOUR VIOLATION OF THIS AGREEMENT, (C) ANY USER CONTENT YOU PROVIDE THROUGH THIS SITE, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (E) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
8.2. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WHP BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. IF YOU ARE DISSATISFIED WITH THIS SITE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF THIS SITE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
8.3. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST WHP.
9. DISPUTE RESOLUTION AND GOVERNING LAW, JURISDICTION AND COSTS
9.1. Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of New York without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in New York City, New York, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York. You irrevocably submit and consent to the personal jurisdiction of such courts.
9.2. Dispute Resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to this Site or WHP Materials, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves, you and WHP agree to resolve such Dispute through confidential binding arbitration as set forth below.
9.3. Binding Arbitration. If you and WHP are unable to resolve a Dispute through informal negotiations, either you or WHP may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement you and WHP may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
9.4. Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the State Bar Act to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
10. MISCELLANEOUS
10.1. Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to this Site. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to this Site or any part thereof.
10.2. Independent Contractors. You understand and expressly agree that you and WHP are independent contractors and not agents or employees of the other party. Neither you nor WHP has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
10.3. Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor WHP will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
10.4. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
10.5. Privacy. We collect, store, and use data collected from you in accordance with our Privacy Statement.
10.6. Entire Agreement. This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and WHP with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time, and will post the updated Agreement to the portal. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of this Site will constitute your agreement to any new provisions within the revised Agreement.
10.7. Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
10.8. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
10.9. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
10.10. Contact Us. With questions, email customercare@anneklein.com or submit your question through this Site.
11. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
WH Buyer, LLC d/b/a WHP Global (hereinafter, “We”, “Us,” “Our” or “Anne Klein”), which owns and operates the Anne Klein® brand is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at customercare@anneklein.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York City, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Anne Klein’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
PRIVACY STATEMENT
Last updated: August 27th, 2020
1. WHAT DOES THIS PRIVACY STATEMENT APPLY TO?
This Privacy Statement applies to your Personal Information collected or processed by WH Buyer, LLC d/b/a WHP Global (owner of the Anne Klein® and associated intellectual property rights) and/or its affiliated entities (collectively, “WHP,” “we,” “us” or “our”), through their websites, mobile applications, or other sites that display this Privacy Statement (collectively, the “Sites”). This Privacy Statement applies to your Personal Information, which can include information or a combination of information that could directly or indirectly be used to identify you, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, and any other information collected from or about you (hereinafter, “Personal Information”). Please note, the definition of Personal Information can vary by jurisdiction. If we collect information from you that is considered Personal Information in your jurisdiction, we will treat it as such in accordance with this Privacy Statement.
Please read this Privacy Statement carefully to understand our policies and practices regarding your Personal Information and how we will treat it. This Privacy Statement may change from time to time. We will notify you of material changes to this Privacy Statement by posting a notice on our home page for a reasonable period of time and changing the “Last Updated” date above. So please check it periodically for updates.
2. WHAT CATEGORIES OF PERSONAL INFORMATION DO WE COLLECT AND PROCESS?
We may collect or process various categories of Personal Information that you provide to us. We may disclose Personal Information to service providers, licensing partners, and retailers for business purposes. We have collected or processed the following categories of Personal Information in the last 12 months:
(a) Contact Information Identifiers
Identifiers sourced directly from you or from third party providers, such as data brokers or social media platforms. They are used to provide and improve the features, products and services you request; for registration and promotions; to communicate with you and provide you with information; to provide you with personalized content, information, and to send you coupons, offers and other information on our products or our family of companies; when we perform our obligations under a contract with you; and to deliver relevant advertising; and/or for research purposes.
(b) Customer Records
Personal Information categories contained in customer records are sourced directly from you. They are used to provide and improve the features, products and services you request; to provide you with personalized content, information, and to send you coupons, offers, and other information on our products or our family of companies; when we perform our obligations under a contract with you.
(c) Internet Activity
Internet or other similar network activity is sourced indirectly from you (e.g., from observing your actions on our Sites) or from third party service providers, such as a data analytics provider. They are used to provide you with personalized content, information, and to send you coupons, offers, and other information on our products or our family of companies, and/or to deliver relevant advertising.
(d) Employment Information
Professional or employment-related information is sourced directly from you or from third party service providers (i.e., background check provider). They are used to process employment applications and when we perform our obligations under a contract with you.
(e) Inferences
Inferences drawn from other Personal Information is sourced indirectly from you (e.g., from observing your actions on our Sites) or from third party service providers, such as a data analytics provider. They are used to provide and improve the features, products and services you request; to provide you with personalized content, information, and to send you coupons, offers, and other information on our products or our family of companies, and/or to deliver relevant advertising.
(f) Third Party Sources
We may collect information from other sources, including contact lists, and demographic information from third parties and other sources. This data may be combined with other information that we collect and use for the purposes described in this Privacy Statement. Likewise, certain third party service providers on our Sites may collect Personal Information about you when they are performing services on our behalf and/or when you are using certain functions on our Sites that are operated by these third parties. For example, our e-commerce platform provider may collect payment card information when you make a purchase. Any information, including Personal Information, collected by such third party service providers will be subject to those third parties’ privacy notices or privacy policies, rather than this Privacy Statement.
3. WHAT SPECIFIC PIECES OF PERSONAL INFORMATION ARE COLLECTED?
(a) Personal contact details including information such as names, shipping addresses, date of birth, telephone numbers, or e-mail addresses such as when you provide them to us during online registration or when doing business with us. Some Sites allow you to establish a user name and password to set up an account.
(b) Information submitted to us to indicate your interest in a position, including your indicated job preferences, work history and information provided on job applications.
(c) Information collected from our Sites and social media pages. This includes information collected when you interact with us, such as comments, photos, or other information that you post, through blogs, message boards, or social networking opportunities or other interactive forums.
(d) Your Internet Protocol (IP) address or device identifier, your device’s operating system, browser type, websites visited before or after you visit our website, pages viewed and activities at our website, as well as your interaction with advertisements.
(e) Third-party service and advertising partners may also collect information automatically.
(f) Other information we have collected from you with your consent.
4. WHY DO WE COLLECT AND HOW DO WE USE YOUR PERSONAL INFORMATION?
We may use your Personal Information for a variety of legitimate purposes including:
(a) Providing the features, products and services you request
We may use the Personal Information we collect about you to fulfill your requests for, and enable your use of, our features, products and services. From time to time we may also use your Personal Information in order to contact you for purposes of soliciting product reviews.
(b) Registration, contests and promotions
We may use your Personal Information to enter you in contests if you so choose to enter, to notify you of results and to register you for certain features, products and services in line with your chosen marketing preferences.
(c) To communicate with you and provide you with information
We may use your Personal Information to communicate with you, to respond to your questions or comments, to provide you with updates and news and, if you have indicated your interest in positions at WHP, to alert you when job vacancies that fit your profile arise.
(d) To provide you with personalized content, offers, and other information
We may use your Personal Information to provide you personalized offers and content. Where required by law, we ask visitors providing e-mail addresses to indicate if they would like further information or updates from us, such as information about the products and services available from our family of companies. We also offer visitors an “opt-out” option if they wish to cease receiving e-mails or other information from us. In some circumstance you may be asked to “opt-in” before we contact you in certain ways or before certain services may become available.
(e) When we perform our obligations under a contract with you
We may use your Personal Information when you work as a service provider or apply for a job with us as necessary in connection with your contract or services agreement. If you are a consumer or a user of our services we will use your Personal Information to carry out our obligations under the agreement that we have with you.
(f) To deliver relevant advertising
We may purchase and use opt-in e-mail lists to contact potential customers who we believe may be interested in products or services from the WHP family of companies. We will honor opt-out requests and ask those providing lists to give us assurances that e-mail contact information is provided only for those consumers who have expressed a desire to receive offers and information by e-mail. We also may use demographic and preference information to allow advertising related to WHP products and services to be targeted to the users for whom they are most pertinent. This is designed so that users will see advertising that is most likely to interest them, and advertisers can display their ads to people who are most likely to be receptive.
(g) To provide you with other offers
Sometimes our brands will make offers, coupons and information, including catalogues, available to you through the mail. We may also use lists we have received from third parties or public sources to send you this information, and, as is routinely done in the catalogue business, may exchange names and addresses (but not e-mail addresses absent consent) of our customers with other companies who may also contact you by mail. You may “opt-out” of receiving offline communications from our brands at any time.
(h) To improve the features, products and services that we offer through the Site
We may use the Personal Information that we collect to improve the WHP family of product offerings, services, as well as our Sites and features.
(i) For certain automated decision-making activities
We may use the Personal Information we collect for serving online advertising, and/or generating a personality profile for you. Details of the Personal Information we collect, how it is used, and how you may opt out of any automated decision-making is explained below.
5. HOW DO WE SHARE AND DISCLOSE YOUR INFORMATION?
We may share or disclose your Personal Information:
(a) With WHP and the WHP family of companies.
(b) With WHP’s licensees and/or retailers that offer goods and/or services branded under marks owned by WHP.
(c) With vendors or agents. For example, we may share your Personal Information with companies we have hired to provide services on our behalf. When we share Personal Information with these other companies to provide services for us, they are not allowed to use it for any other purpose and must keep it confidential unless you otherwise consent.
(d) Where your Personal Information may be transferred along with other business assets.
(e) Where we have received your direction or consent to the disclosure of your Personal Information.
(f) To comply with the law or respond to legal process or lawful requests, including from law enforcement and government agencies.
(g) To conduct investigations of consumer complaints or possible breaches of law, to protect the integrity of the website, to fulfill your requests, or to cooperate in any legal investigation.
(h) To protect the rights or property of the WHP family of companies or our customers, including enforcing the terms governing your use of the services.
(i) To act on a good faith belief that access or disclosure is necessary to protect the safety of our associates, customers or the public.
(j) To support other legitimate business purposes including but not limited to legal compliance.
Please note that the Sites may include links or otherwise refer to third-party websites whose privacy practices may differ from our privacy practices. If you submit Personal Information to any of those websites, your information is governed by the privacy policies on those websites. We encourage you to review the privacy policy of any website you visit.
We may share anonymized or de-identified information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Sites, and on websites of third parties. We may combine anonymized or de-identified information we collect with additional anonymized or de-identified information collected from other sources. We also may share aggregated and anonymized information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed.
6. WHAT ABOUT CHILDREN’S PRIVACY?
The Sites are intended for adults over the age of 18. We may ask visitors to enter a birth date to restrict those who are underage from accessing certain services, websites, areas or features. If you become aware that a child under 13 has registered for our email newsletters, or otherwise provided us with their Personal Information, please report the use to customercare@anneklein.com.
If we become aware of a user under the age of 13 providing information on our Sites, we will terminate that account and purge our databases of all Personal Information provided by that user to the extent feasible.
7. WHAT ARE OUR POLICIES REGARDING ONLINE INTEREST-BASED ADVERTISING?
(a) How do we serve advertisements through online interest-based advertising?
At times we display ads both on our network of owned and operated websites and on the websites of third parties. When you visit one of our websites or view ads that we serve elsewhere online, you may see different kinds of ads, such as text ads next to search results or video ads on web pages. Sometimes, these ads are based on the content of the pages on which they appear. Other times, these ads are generated by matching the particular ad to your interests as inferred from your online activities that have been collected over time. With interest-based advertising, the goal is to show you ads that are most relevant to you.
To do this, we and some of our third-party advertising companies use technologies such as cookies and web beacons to collect information about your interaction with our websites and other third-party websites (“Online Data”). This Online Data generally does not identify you to us personally and, typically, it is aggregated with other data to create segments – groups of users and certain general interest categories that we have inferred based on a variety of factors (for example, “fashion fan”). The Online Data can include:
We and our third-party advertising partners use this Online Data to paint a more accurate picture of the interests of the audiences with which we interact – including you – so that we can serve ads that are more relevant to those interests.
In addition, our third-party advertising partners use this Online Data for a variety of other purposes, including (a) in conjunction with advertising that appears on our website or other websites, (b) for reporting website traffic, statistics, advertisement data and other interaction with ads and the websites on which they are served, and (c) to measure the effectiveness of web-based and e-mail advertisements.
(b) Why would you want to receive interest-based ads?
Consumers like to receive interest-based ads for many different reasons. Interest-based ads are helpful because they are more tailored to your particular interests. For example, cat owners may see more ads for cat food and fewer ads for dog grooming services. Interest-based ads also are more likely to help you discover new products and services that are actually relevant to you and your interests. For example, individuals interested in fashion may see an ad about the latest fashion forward products, whereas general retail customers might be more likely to see an ad for special discounted clothing lines. In short, receiving interest-based ads can help to improve your access to new products, services and features that are most relevant to you, which in turn could help to improve your life and social experiences. You also will not see the same ads over and over from us because the number of times you see a particular interest-based ad is limited. By opting-out of interest-based ads, you lose all of these benefits.
A Note on Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics Advertising Features, which you can learn more about and opt-out from here.
(c) How can you opt-out of receiving interest-based ads from us?
If you are no longer interested in receiving interest-based ads from any of our Sites, you can opt-out by using the instructions below. Please note, however, that opting-out does not mean you will no longer see ads from us online. It simply means that the online ads from us you do see will not be based on your particular interests.
Depending on where you live, you may be able to access one convenient place to indicate your preferences, including the option to make one “universal” opt-out of interest-based advertising with participating entities:
In the United States, visit this site: Ad Choices.
In Canada, visit this site: Your Ad Choices.
You can also generally opt-out of receiving interest-based ads from third party advertisers who are members of the Network Advertising Initiative (“NAI”) or who follow the DAA Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website.
When you opt-out using these methods, a cookie will be placed on your device indicating that you have opted-out of interest-based advertising. If you delete your cookies, you will need to opt-out again. These websites also provide detailed information about interest-based advertising and tips for managing your online privacy.
8. COOKIES NOTICE
(a) What are cookies and how do we use them?
“Cookies” are data files that a website sends to your computer while you are viewing the site. These data files include information that allows our Sites to remember important information that will make your use of the Sites more efficient and useful to you. Our Sites use cookies for a variety of purposes. We use cookie technology and IP addresses to obtain information from online visitors, and also to provide registered visitors with the best possible personalized online experience. Information obtained via cookies may include Personal Information.
Visitors to our Sites use different web browsers and different computers. To make your visits as easy as possible with the technology you use, we automatically keep track of the type of browser (e.g., Internet Explorer) and operating system (e.g., Windows, Mac) used by a visitor, and the domain name of the visitor's Internet service provider. We also track the total number of visitors to our Sites in an aggregate form to allow us to update and improve our Sites. This data tells us if more visitors prefer certain features or areas to others, which helps us keep our Sites fresh and interesting to the majority of our visitors.
(b) How do we use cookies to personalize your experience at our sites?
Cookie technology helps us deliver content tailored to a visitor’s interests, and allows us to make ordering products, entering and participating in sweepstakes and contests, and offering other functions at our sites easier for our visitors. Sites that offer online shopping use cookies to remember and process the items in your shopping cart, for example. Where appropriate under our disclosed practices and policies, we may associate Personal Information with a cookie file in such instances.
(c) Do third parties use cookies on our site?
We may allow third parties to use cookies and to advertise on our websites. In general, we may not control the cookies used by third parties. There are free programs you can download which would allow you to set your preferences and block the vast majority of third-party cookies across the Internet.
(d) Different types of cookies used by us
(e) What are web beacons and how do we use them?
Some of our Web pages and e-mail updates may contain electronic images called Web beacons, sometimes known as one pixel GIFs, clear GIFs or pixel tags. On sites, these allow us to count visitors who have viewed our pages. In promotional e-mail messages/newsletters, they allow us to count how many subscribers have read them. Web beacons allow us to develop statistical information about the activities and features that most interest our consumers for the purpose of providing more personalized content. They are not used to access your Personal Information without your consent.
(f) How can you opt-out of cookies?
If you don't want cookies, you can set your computer to warn you each time a cookie is being sent or turn off all cookies through your browser (e.g., Internet Explorer or Firefox). Check your browser HELP menu to learn the correct way to change or update your cookies. Alternatively, you may wish to visit which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual. Please be aware that restricting cookies may impact the functionality of WHP websites.
(g) How We Respond to Do-Not-Track Disclosures
We do not support “Do Not Track” browser settings and do not currently participate in any Do Not Track frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.
9. SMS POLICY
Our Sites may give you options to opt-in to text-based or SMS messages on your mobile or smart phone. This Section provides information on how to opt-out of receiving future text messages from us and other helpful information related to our text message services. For any questions not answered on this help page, please contact us directly at customercare@anneklein.com.
Participation in our text message list is based on user opt-in. Therefore, at any time from your mobile device, you can reply ‘STOP’ to cancel all future text messages. Please note that the frequency of SMS notifications is approximately one (1) message per month, unless you request more frequent text messaging.
(a) What is SMS?
SMS is an acronym for Short Message Service. It is a worldwide standard for communicating textually between cellular phones. Nearly every cellular phone in use in the United States (and the world) can receive text messages. Most wireless carriers include text messaging in their standard plans.
(b) What is a Keyword?
A ‘keyword’ is a short word (which may include numbers) that you may send a text message to in order to join our list or receive information. An example would be: ‘Text KEYWORD to SHORTCODE to join our text messaging list.’
(c) What does it mean to Opt-In?
To ‘opt-in’ means you are consenting to join our text messaging list. This can be done by sending a text message containing a KEYWORD to our SHORTCODE (as discussed above), or by entering your phone number into a web-based form online. This action signifies that you have asked to receive a text message from us (i.e. you have given your consent for WHP to send messages to you).
(d) What does it mean to Opt-Out?
If you ‘opt-out’ it means that you have decided to discontinue receiving messages from us and have affirmatively asked us to remove you from our list of text message recipients. You can do this quickly and simply by replying to any text message we send with the word ‘STOP.’
(e) How do I Opt-Out of Receiving SMS Messages from WHP (or its partners) on my Phone?
There are several ways to stop SMS message deliveries from reaching your phone. The easiest way is to reply ‘STOP’ to any text message you receive. You can also remove SMS subscriptions by contacting us directly at: customercare@anneklein.com.
Please note: to ensure you continue to receive text messages of interest, your choice to opt-out of receiving text messaging from one of our WHP family of companies will not cause our other WHP family of companies to discontinue sending you messages. If you would like to discontinue all messages from all WHP family of companies and all of its partners, please contact us at customercare@anneklein.com.
(f) What mobile carriers are supported for SMS deliveries in the US?
The following carriers in the US are supported: AT&T, Sprint, T-Mobile, Boost, Cricket, Virgin, Verizon Wireless and US Cell.
(g) Is there any cost associated with receiving SMS messages?
Pricing for SMS message delivery to mobile devices is based on your text message plan with your wireless carrier. This is reaffirmed in the following language which is included with SMS subscription confirmation messages and HELP messages sent from WHP: “Std. msg & data rates apply”.
(h) What if I Still have Questions?
If you still have questions, we want to help. Please email us at customercare@anneklein.comand clearly explain your question. We will do our best to respond in a timely manner with additional information.
10. WHAT ELSE DO YOU NEED TO KNOW?
(a) Where is your information stored and processed?
Personal Information collected on our websites and services, or received by WHP from you or third parties, may be stored and processed in the United States or any other country where we or our service providers maintain facilities.
The servers and databases in which Personal Information may be stored may be located outside the country from which you accessed this website and in a country that does not have the same privacy laws as your country of residence. The Personal Information you provide us may be transmitted abroad in accordance with legal requirements, but we will collect, process and use personal information only in accordance with this Privacy Statement.
Employment opportunity related queries may also be transferred to any member of the WHP family of companies. By visiting this website and submitting information, you consent to such collection, processing, transfer and/or storage of any Personal Information that you submit. Please note: our policies may differ by region, so if you visit one of our websites in a different region, please check to see if there is a Statement specific to that location.
(b) How long do we store your Personal Information?
We retain and store your Personal Information only for as long as we have a legitimate business purpose to do so and in accordance with our data retention policies.
(c) What about Personal Information that is publicly available (such as in chat rooms, message boards, or other interactive forums)?
We may offer chat rooms, message or bulletin boards, or interactive areas where visitors may post comments or information for our visitors’ enjoyment. If there is a chat room, bulletin or message board, social networking opportunities or other interactive areas where Personal Information may be posted at this website, be sure to check posted rules before entering, as you will be bound by them as well as our Terms of Service. Anything you post online is public information, and we are not responsible for anything you voluntarily post online. Users should exercise caution when disclosing Personal Information online.
(d) Assignment
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Information we have collected from you.
(e) How do we safeguard your Personal Information?
We have implemented administrative, physical and technical safeguards designed to protect your Personal Information. No security measures can be 100% secure, however, and so we recommend that you take additional measures to protect yourself and your Personal Information, including by installing up to date anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.
(f) International Transfer of Personal Information
Please note that our Sites are directed towards users who reside in the United States and/or Canada. By using our Sites, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Privacy Statement.
11. WHAT ARE YOUR CALIFORNIA PRIVACY RIGHTS?
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below and put “Shine the Light” in the subject line of your request.
From January 1, 2020, California law affords residents of California certain additional rights:
(a) The right to know, through a general privacy policy and with more specifics available upon request, what Personal Information a business has collected about them in the preceding 12 months, what it is being used for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;
(b) The right to “opt out” of processing or allowing a business to sell their Personal Information to third parties (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s, opt-in);
(c) The right to have a business delete their Personal Information, with certain exceptions as provided by law; and
(d) The right to non-discrimination to receive equal service and pricing from a business, even after exercising your rights.
California consumers can make a request related to the above noted rights by emailing customercare@anneklein.com. Note that there are restrictions regarding the number of times you can exercise these rights. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
California consumers can make a request related to the above noted rights by emailing customercare@anneklein.com. Note that there are restrictions regarding the number of times you can exercise these rights. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
12. WHAT SHOULD YOU DO IF YOU HAVE QUESTIONS OR WANT TO CONTACT US?
We take steps to keep your Personal Information accurate. Some WHP programs provide access to view or update Personal Information online. Check where you registered to learn if you can view or update your Personal Information there.
Where our processing of your Personal Information is based on your consent, you may have the right to withdraw your consent by contacting us. Note that your withdrawal of consent will not affect the lawfulness of our processing of your Personal Information based on your consent prior to your withdrawal. We are intent on resolving any issues relating to our handling of your Personal Information, and you may contact us at any time regarding any questions or concerns. We are committed to working with you to resolve any complaints you may have regarding this Privacy Statement or the treatment of your Personal Information. If you have a concern, please contact us and your communication will be promptly addressed. You may contact us by emailing customercare@anneklein.com.
If there is any conflict between the English version of our Privacy Statement and a version translated in another language, the English version controls.
