Last updated January 8, 2016
We take the privacy, security and confidentiality of your information, including any personally identifiable information ("PII" or “Personal Data”) extremely seriously, and use commercially practicable precautions to safeguard it. Please review this Policy carefully as it will let you know what information we collect, why and how we will treat it once collected, and the ways in which you may update or correct your information or opt out of receiving certain communications. Please keep your Personal Data accurate, current and complete at all times. Reach out to us should you have any questions or concerns regarding this Policy. If we are unable to address your issue immediately, we will respond as soon as possible.
By accessing the Site or allowing someone else to do so on your behalf, you are consenting to our use of your information (both personal and non-personal) in accordance with this Policy.
Section 1798.83 of the California Civil Code provides that residents of California can obtain certain information about their Personal Data that companies have shared with third parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. To request a copy of your Personal Data maintained by us, please contact us as provided in the “How to Contact Us” section below.
As with California residents, Canadian residents are entitled to receive certain information about the collection, use and disclosure of their Personal Data. We collect, use, and disclose your Personal Data with your consent, which may be express or implied. You may withdraw your consent to the use and disclosure of your Personal Data by contacting us as specified below in the “How Can I Access, Correct and Update My Personal Information?” section.
While not necessarily personally identifiable, we may collect and store information that you provide to us via the Sites, in one of our retail stores, or that you provide to our Customer Service Department, as further described below.
- Personal Data
We may collect certain Personal Data provided by our customers including names, date of birth, gender, billing and shipping addresses, email addresses, telephone numbers, credit card numbers and/or expiration dates. Some examples of when such collection may occur are as follows:
- When you make an online purchase, we may collect and use your Personal Data to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service and/or future promotional offers and information that might be of interest to you.
- If you complete a form (in print or digitally) within one of our stores, we may collect and use your Personal Data to provide you with information about products that may be of interest to you or other requested information.
- If you create an online account with us (this is not necessary to use the Sites) so that you can keep track of your orders, we may collect and use your Personal Data to keep you updated about special offers, send updates related to the Sites, and facilitate checkout during purchases.
- If you sign up to receive promotional emails from us, we may contact you about sales, special offers and new features available through the Sites.
- We may also collect and use Personal Data if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be subject to the terms accompanying such promotion and this Policy, and will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites.
We also may obtain, collect and aggregate information (including Personal Data) provided to us by our marketing service providers and other vendors.
The above section provides examples of the Personal Data that we may collect through the Sites and the manners in which we may use such Personal Data. If you do not want us to collect your Personal Data, please do not provide it to us. You can update your information or change your marketing and subscription settings by accessing your account via the Sites (see below section entitled “How Can I Access, Correct and Update My Personal Information?”).
- Non-personal Data
When you use the Sites, including by browsing our merchandise and/or contacting us with inquiries, we collect certain non-identifiable information ("Non-Personal Data") and receive such information from various third parties. Non-Personal Data cannot be used to specifically identify you. The Non-Personal Data we collect includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of the device you are using to access the Sites, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Sites, and the time of your usage. This information is used to analyze and to improve the Sites and to provide our customers with a fulfilling shopping experience. Non-Personal Data may be combined with Personal Data, in which case, it may be viewed as Personal Data. However, where the data remains non-personally identifiable, it will still be viewed as Non-Personal Data. We provide additional information on our Non-Personal Data collection below:
Cookies and Other Session Identifiers:
We may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual's computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. More information about both kinds of cookies is available at www.allaboutcookies.org.
We also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes as cookies. These beacons are typically one-pixel images that are embedded in the Site or in a communication, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed.
Mobile Access and Social Media Platforms:
You can access, correct and/or update certain personal information that you have provided to us within the "My Account" area of the Sites, or if you filled out an information card in-store (in print or digitally), you can request that a sales associate update your customer profile.
How We Use the Information Collected
- Personal Data
We may use Personal Data as necessary and to fulfill your requests, including in the following ways:
Access and Use: If you provide Personal Data in order to obtain access to or use of the Sites, we will use the Personal Data to provide you with and monitor such access and use.
Internal Business Purposes: We may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to protect against fraudulent activities, to manage your account and to generally manage the Sites and our business.
Marketing: We may use your Personal Data to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you.
Customer Service: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided, for example to resolve a customer service issue.
Aggregated Personal Data: We (either directly or through a service provider) may conduct research on our customer demographics, interests and behavior based on Personal Data and other information.
Do We Share Your Information?
We do not share or sell any Personal Data provided to us except with your consent or as described in this Policy. In some cases your permission will be implied from the nature of the service requested or the transaction undertaken. Examples of instances in which we share your Personal Data are provided below:
Order Fulfillment: If you choose to make a purchase on the Sites, we may provide certain information such as your credit card number, billing address and other information related to such purchase, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card or ship the products).
Business Transfers: As with any business, it is possible that the ownership of the business may change or certain business or corporate assets may be bought or sold. If this occurs, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor or acquirer of either our Company or our eCommerce service provider will continue to have the right to use your Personal Data and other information in accordance with this Policy.
Subsidiaries and Affiliates: We may also share your Personal Data with our subsidiaries and/or affiliates consistent with this Policy. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Data in accordance with this Policy.
Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may grant them access to certain Personal Data.
Third Party Marketers: We may also share information with other marketers whose products or services we feel may be of interest to you. If you prefer we do not share your Personal Data with these types of parties, please email us at email@example.com.
Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
Other uses: If we intend to use any Personal Data in any manner that is not authorized herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected and obtain your consent prior to such use.
- Non-Personal Data
As noted above, Non-Personal Data does not and cannot be used to personally identify you. We may use such information for any lawful purpose, including sharing Non-Personal Data with our marketing partners, advertisers and others from time to time. This information generally is shared in an aggregated form.
We use a variety of industry-standard security technologies and security measures including Secure Socket Layer (SSL) encryption technology to help protect your Personal and Non-Personal Data from unauthorized access, use, or disclosure. We also make reasonable efforts to restrict access to Personal Data to employees, contractors and agents who need to know the information to provide or improve our services. Unfortunately, no transmission of data is guaranteed to be completely secure, therefore any transmission of Personal Data is done at your own risk and we assume no liability for any damage suffered by you caused by the interception, alteration or misuse of information during transmission. Please keep this in mind when disclosing any Personal Data via the Internet or by email.
Please note that you can play an important role in the security of your Personal Data. For example, if you elect to set up an account on the Sites, you will be asked to provide a valid email address and password. We recommend you select a password with at least 8 characters and consider adding numbers or special characters to further strengthen your password. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically. If you become aware of any loss, theft or unauthorized use of a password or any issue of security with regard to our Sites, please contact us at firstname.lastname@example.org.
We do not and will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email or telephone communication. If you receive such an email, please contact us to bring it to our attention. Identity theft and "phishing" are of great concern to us. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.
We are dedicated to respecting the choices you make and communicate to us regarding your Personal Data. You can update your contact information or change your subscription preferences through a User Account on the Sites (if you have one), or by writing to us at the address provided herein. In addition, you may:
Limit the Personal Data You Provide: You can disable cookies and/or decide not to register an account with us. Please be aware that if you take these actions, you may not be able to use certain functionalities of the Sites. For instance, you must provide payment and shipping information for each transaction in order to purchase goods and services on the Sites.
Subscription Preferences: Promotional emails sent by us or on our behalf contain an "unsubscribe" hyperlink. While we honor all subscription requests, it may take up to ten (10) business days for a change to your preference settings to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may be sent certain transactional communications related to the purchase or shipment of those items. If you place an order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, though you may have opted-out, we may send you messages if we are required to do so under relevant laws or regulations.
Third Party Advertisers: We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. This Policy does not cover the collection and use of information by such advertising companies. Please be advised that such third parties may gather information about your visit to our Sites (such as through cookies, web beacons, pixel tags and other technologies) to enable them to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/.
Please note that our Sites are not configured to respond to "Do Not Track" browser settings. For information about “Do Not Track” visit www.allaboutdnt.org.
Protecting the privacy of children is extremely important to us. Our Sites are not directed at children under the age of 13, and we do not knowingly collect or intend to collect Personal Data from anyone who is under the age of 13. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our Sites, we will endeavor to delete the information from our records.
If you are visiting our Sites from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with privacy laws in the United States and this Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. Therefore, by providing your Personal Data, you consent to the use of your Personal Data for the uses identified in this Policy and to the transfer of your Personal Data to the United States as indicated above.
Our Sites enable users to post their own content, for example by writing product reviews. You should exercise caution if you decide to disclose your personal, financial or other information in a submission. We are not responsible for user generated content and it remains the sole responsibility of the person who submitted it.
We may need to update this Policy in response to changes in our Sites and for business and/or technological reasons. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. Please review this policy before you provide any Personal Data and periodically on an ongoing basis.
If we make any material changes (as determined by us) to this Policy, we may post a notice on the Sites notifying users of the changes. In some cases, we also may send an email notifying registered users of upcoming changes.
When we post changes to this Policy, we will revise the “Last Updated” date at the top of the Policy. Your continued use of the Sites after any changes or revisions to this Policy become effective shall indicate your agreement with the terms of such revised and then-current Policy.
By using the Sites, you agree that any dispute in any manner arising out of or relating in any way to this Policy, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Dutch, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective, or private attorney general action, shall be a "Class Action." Notwithstanding anything else in this Policy or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. However, if these Class Action restrictions are ever deemed illegal or uneforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
If you have any questions about this Policy, please contact us via email through email@example.com, or by writing us at the below address. Please allow thirty (30) days for a response.
Dutch, LLC c/o Joie
Attention: Legal Department
5301 South Santa Fe Avenue
Vernon, CA 90058
P (323) 277-3900 – Monday through Friday 8am to 5pm (PST)