The Services are hosted and operated in the United States and are subject to United States law. By using the Services, you acknowledge and agree that any Personal Information (as defined below) that you provide to us is being provided to us in the United States and will be hosted on United States servers.
Harry’s USA, Inc. and its parent company, Harry’s, Inc., both comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information transferred from the European Union to the United States. We have certified to the Department of Commerce that we adhere to the seven Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability, in relation to any Personal Information that we receive from within the European Union (the “Privacy Shield Principles”). Principle 7, the recourse, enforcement and liability principle, provides that we remain potentially liable if a third party processing Personal Information received from the European Union on our behalf processes that Personal Information in a manner that is inconsistent with the Privacy Shield Principles (unless we can prove that we are not responsible for the event giving rise to the damage). Harry’s USA, Inc. and Harry’s, Inc. are subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to any failure to comply with the Privacy Shield Principles.
In connection with certain aspects of the Services, we may request, collect, display and/or disclose some of your Personal Information. From time to time, we may also supplement information we collect from you with other information we collect or with information we receive from third parties, which may include associating non-personally identifiable information with Personal Information. The information we gather, including the types of information described below, enables us (or our Business Partners) to personalize, improve and continue to operate the Services or to provide you with information, products and services that we believe may be of interest to you. Except as otherwise specified below, such information may be used by us (or our Business Partners) in connection with such purposes.
In the event we offer the ability to create an Account and you elect to create one, you will provide information that could be Personal Information, such as your email address and password. In addition, you may elect to provide us with your telephone number in order to receive certain information, including, without limitation, promotional offers, from us via Text Message (as defined below). Moreover, if you register for or access the Services using a Third Party Service (such as your social media login credentials, as further described below), we may receive Personal Information that you allow such Third Party Service to share with us. You should consult such Third Party Services’ privacy policies.
If you place an order through the Services, we will ask you for your shipping address, telephone number and credit card information and/or certain other Personal Information about you. We use this information for purposes such as processing and fulfilling your orders, notifying you of your order status and otherwise communicating with you in connection with the Services. We may also retain this information as part of your Account, if applicable, for your convenience in making future purchases.
Generally, the Services automatically collect certain usage information, such as the number and frequency of visitors to the Services that we may use in aggregate or anonymized form. This type of aggregate data enables us and third parties authorized by us to better understand our Services, such as by helping us figure out how often individuals use parts of the Services so that we can analyze and improve them. We also automatically receive and record information from your web browser when you interact with the Services, such as your IP address, browser type, ISP, referring/exit pages and cookie information. We may also collect device-specific information about the device you use to access the Services, such as unique device identifiers, network information and hardware model, as well as information about how the device interacts with our Services and information about where you access the Services from. This information is used for purposes such as facilitating analyses of data concerning registered and unregistered users’ interaction with the Services (e.g., what links you have clicked on). Non-Personal Information (as defined below) that we automatically collect may be combined by us or our Business Partners with other information about you, including Personal Information, and used in connection with our business or to provide you with information, products and services that we believe may be of interest to you.
We may combine Non-Personal Information (as defined below) collected through cookies or other automatic means with other Personal Information that we have about you, for example, to tell us who you are or whether you have previously used the Services.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide whether to accept each new cookie in a variety of ways. We recommend that you leave cookies active because they enable you to take advantage of some of the most attractive features of the Services.
You can learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information about cookies and how to block cookies using different types of browsers.
We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This Aggregate Information is not Personal Information and cannot be tied back to you or your web browser, and we may use or disclose such Aggregate Information to a third party for any purpose.
We may use one or more Third Party Services, such as Google Analytics, ad servers, ad agencies, ad technology vendors and research firms, for analytics and advertising services such as to provide audience measurement and analytics services to us, to serve ads on our behalf, to track and report on the performance of those advertisements, to collect information via the Services for marketing and advertising purposes, and to identify people who are most likely to respond to our advertisements. Furthermore, our advertisements may be targeted to users who fit a certain general profile category and may be based on (i) anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), (ii) user activity and usage patterns with respect to the Services or (iii) user activity on Third Party Services.
In connection with these services, we and/or these Third Party Services may collect and use information about your visits to the Services and Third Party Services and your interaction with our products, the Services and other Third Party Services using cookies, web beacons, pixel tags, SDKs and other technologies (collectively, “Tracking Tools”) to identify your device and track your activities when you visit or use our Services, as well as when you visit other online sites and services, including over time, across different websites and apps and across various devices, and this information may include information such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. For example, web beacons allow us and Third Party Services to provide anonymized, aggregated auditing, research and reporting for us and for other advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from an ad network’s servers, these Third Party Services can view, edit or set their own cookies, just as if you had requested a web page from their site.
At present, the Services contain Atlas Universal Tags and utilize Google Analytics Advertising Features including Google Display Network Impression reporting. You can opt out of the Atlas Universal Tags at the links in clauses (a) and (b) of the immediately preceding paragraph, and you can opt out of the Google Display Network Impression reporting by visiting https://tools.google.com/dlpage/gaoptout/.
Please note that even if you choose to opt out of having information collected for behavioral advertising purposes, you may still see advertisements while you are browsing online; however, such advertisements may be less relevant to you and your interests. Please note that if you opt out of targeted advertising, we may still track your visits to our Services for analytics, operations and security purposes.
In addition to the sharing of your information as set forth above, we may also share your information in the following ways:
Some of your activity on and through the Services may be public, such as content that you have posted publicly in connection with the Services, including on your social media accounts. To the extent applicable, registered users may have some of the information about their activity on and through the Services associated with their Accounts.
We contract with various Business Partners for services related to our business, including, among other services, shipping, name and address verification, email distribution, market research, third party advertising, fraud prevention, promotions management and payment processing (as discussed above). We provide our Business Partners with only the information they need to perform their services and we work closely with them to ensure that your privacy is respected and protected. We may also share your information, which may include Personal Information, with Business Partners in connection with providing you with information, products or services that we think may interest you, and we or such Business Partners may contact you about their products and/or services. For clarity, only those of our employees and Business Partners who need access to your credit card information in order to perform their duties are allowed such access.
In the event you create an Account, your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer, browser and any other device you use to access your Account, and by signing off after you have finished accessing your Account.
We seek to protect Account information and take steps to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, whether such information is Personal Information or otherwise.
If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Harry's USA, Inc., 75 Varick Street, Floor 9, New York, New York 10013.
Should you ever decide to delete your Account, you may do so by emailing email@example.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account.
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to firstname.lastname@example.org. We will make every effort to resolve your concerns.
In compliance with the Privacy Shield Principles (where applicable), we commit to resolve complaints about your privacy and our collection or use of your Personal Information. We have further committed to refer unresolved Privacy Shield complaints to JAMS, Inc. (“JAMS”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may contact or visit JAMS by visiting www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for residual claims about whether we have violated our obligations to you under the Privacy Shield, and if that violation remains fully or partially un-remedied.
October 15, 2018