Last revised: July, 2016
We ARS REI USA CORP , along with our parent company, subsidiaries and affiliates (collectively, “UNOde50”), respect your privacy. This Notice describes the personal information we collect , how we use it, share it and the choices available to our consumers regarding our use of the information. We also describe measures we take to protect the information, your rights and how you can contact us about our privacy practices. This policy covers our US stores and US online experiences including our websites and mobile apps.
NOTE: THIS NOTICE CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS POLICY WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND UNOde50. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION BY NOT USING OUR SITE OR APPS AND BY NOT PROVIDING US YOUR INFORMATION.
Information We Collect
We may collect your personal information in various ways, such as when you visit our stores, you submit an application, on our websites, through apps and social media, via text messages, mobile phone, events, surveys. Personal information we may collect include:
- Contact personal information (such as name, address, email address, mobile and other telephone number);
- usernames and password;
- payment information (such as your credit card number, expiration date, security code, and billing address);
- purchases and transactions information;
- customer service data information (such as customer service inquiries, comments, and repair history);
- images, comments, feedback and content you provide;
- information regarding your personal or professional interests, date of birth, marital status, demographics, income, and experiences with our products and contact preferences;
- contact information you provide about friends or other people you would like us to contact; and
- information we may obtain from our third-party service providers.
When visiting our websites, open our emails, use our apps or interact with UNOde50 related electronic tools, widgets or plug-ins, we may collect certain information, including by using of cookies, web beacons, pixel tags and web server logs. The information we collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, and dates and times of website visits. A “cookie” is a file that websites send to a visitor’ s computer or other Internet-connected device to uniquely identify the visitor’ s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while in a website. As the visitor clicks through the website, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our websites or apps.
Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our websites and apps are not designed to respond to all types of DNT signals or similar mechanisms from browsers as there is no common, industry-accepted standard for doing so. Thus, information about your online activities may continue to be tracked on our site and used to maintain our website’ s functionality and for our own analytics purposes described in this Privacy Notice even if your browser sends us a DNT signal. However, when we recognize a relevant DNT signal, we aim to suppress the third-party tags that are used to recognize your computer once you navigate away from our site and which are used to present you with UNOde50 advertisements. As noted, since there is no uniform standard for DNT signal recognition, we may update our policy and practice as new technologies and solutions emerge. As indicated in the “Your Rights and Choices” section above, we offer you certain choices in connection with the personal information we collect about you and our interest-based advertising activities.
We work with third party providers of payment processing, apps, tools, widgets and plug-ins on our websites and apps, whom also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. To the extent permitted by applicable law, UNOde50 is not responsible for these providers’ information and privacy practices.
How We Use The Information We Collect
We may use the information described above to
- Contact you if necessary;
- Provide products and services to you;
- process your payments;
- create and manage your account;
- send you promotional materials and other communications; You agree that we may send you such communications by email, text, apps, mail, phone or other means.
- communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research;
- respond to your inquiries;
- operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products and customer base; performing data analytics; and performing accounting, auditing and other internal functions);
- reduce credit risk and manage collections;
- verify your identity;
- To help us address problems with and improve our site and mobile app design, products and services
- To allow you to connect to our in-store Wi-Fi service
- protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and
- comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.
We also may use the information in other ways for which we provide specific notice at the time of collection.
We may use third-party analytics services on our websites and apps, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze your use of our websites and apps. The information collected through these means (including IP address) may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the website or app. To learn more about these analytics services and how to opt out, please visit the relevant websites listed here: - Google Analytics: http://www.google.com/analytics/learn/privacy.html
Information We Share
We may share personal information with service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, manage and reduce our credit risk, verify information, fulfill orders, and provide web hosting, data storage, analytics and marketing services. We also may share your personal information within the UNOde50 parent companies and affiliates worldwide and with our joint marketing partners for the purposes described in this Privacy Notice. In addition, unless you object by emailing us at firstname.lastname@example.org to the extent permitted by law, we may share information about you with other third parties for those parties’ own purposes, such as to offer products or services that may interest you.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, and (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). In the unlikely event of a sale or merger of UNOde50 or any of our businesses, our customers' personal information and other information we have collected as described in this policy may be among the transferred business assets.
Your Rights and Choices
You can update your preferences or data, ask us to remove your information from our lists. To exercise your rights or submit a request, please contact us as indicated in the “How to Contact Us” section of this Privacy Notice. You can also unsubscribe from our mailing lists by following the “Unsubscribe” link in our emails. To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below. Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
We may transfer the personal information we collect about you to the United States or Spain, but also to other countries outside of the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Notice.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Protection of kids' privacy
UNOde50 is concerned about the privacy and safety of children when they use the Internet. We will never knowingly request personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent. Our websites are general audience sites and are not targeted to or intended for use by children.
Updates To Our Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. For significant changes, we will notify you either by email or by posting a notice on our website indicating at the top of the Notice when it was most recently updated.
How To Contact Us
If you would like us to update information we have about you or your preferences, if you have any questions or comments about this Privacy Notice, please contact us by email at email@example.com. You also may write to:
55 W 39th St. 9th Floor
New York, NY 10018
Notice to California Residents --- Your California Privacy Rights
Subject to certain limitations under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the “How to Contact Us” section below.
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org. As described above, we deploy cookies, tracking pixels, web beacons and other technologies on our websites and mobile applications. We may also collect information through our in-store technologies, such as our in-store Wi-Fi service. Those tools may be used by us to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
Limitation Of Liability
To the maximum extend permitted by law, In no event shall UNOde50, nor its directors, employees, partners, agents, suppliers, parent entities or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from use of information or any content obtained or used as described above, or resulting from any breach on security, or involuntary or accidental disclosure and unauthorized access, use or alteration of your information, transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of this Policy will not be considered a waiver of those rights. If any provision of this Policy Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any UNOde50 Companies regarding any products, services or the use of any data or information, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any UNOde50 Entity or any of its officers, directors, employees and agents that cannot be resolved through negotiation, you and the UNOde50 agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND UNOde50 AGREE THAT ANY CLAIM FILED BY YOU OR BY UNOde50 IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND UNOde50 SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or UNOde50 have a Dispute with each other, UNOde50 and you agree and elect to resolve the Dispute through arbitration, with one Arbitrator, before the American Arbitration Association and under the rules of the American Arbitration Association ("AAA"). The Arbitration shall be conducted in New York, NY or the County of your United States residence. If you chose your place of residence, UNOde50 may at its choice transfer the dispute to New York, NY in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the Arbitrator.