WEBSITE PRIVACY POLICY

Tony Marc, Inc. 

Last Updated: February 2021

Tony Marc, Inc. (together with its wholly owned affiliates and subsidiaries, ‘Tony Marc’, ‘we,’ or ‘us’) is concerned about your privacy issues and wants you to be familiar with how we collect, use and disclose the information you provide to us online (e.g., via our website located at www.tonymarc.com, marketing tools, social media or other online products and services). When you visit our website (the ‘Site’), we collect certain information to enhance your online experience. This Privacy Policy (the ‘Policy) describes our practices that are applicable to the information you provide to us or that we collect from you when you use the Site.

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household (’Personal Information’). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information.

By using the Site and/or contacting us by providing any personal information, you consent to the collection and use of information by us in accordance with the terms of this Policy. We may change this Policy from time to time. If we make changes, we will notify you by referring to the ’Last Updated’ legend at the top of this page. We encourage you to review the Policy whenever you interact with us to stay informed about our practices and the choices available to you. If you do not agree with the terms of the revised Policy, you should terminate your use of the Site.

  1. PERSONAL INFORMATION WE COLLECT AUTOMATICALLY

We and our service providers may automatically collect information about you when you use the Site, including: 

  1. Navigational Information: Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). We collect information about your use of our Site through a computer, including, your browser type, access times, pages viewed, your IP address and the referring link through which you accessed our Site. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. The information collected allows us to better understand our customers’ experiences at the Site and helps us improve the quality of your online experiences.
  2. Device Information: We collect information about the device you use to access our online Site, including the hardware model, operating system and version. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your mobile service provider or device manufacturer.

Cookies: We and our service providers may use ‘cookies’ on the Site, which assigns a unique identification to your computer for recordkeeping purposes. Cookies are typically stored on your computer’s hard drive and are used by the Site to facilitate your ongoing access to and use of the Site and to help track clicks and pass information as you go through the Site. If you elect to participate in any online survey for Tony Marc marketing research, we may use cookies to associate your email registration information with your survey. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer.

  1. Transaction Data: When you purchase or return a product, we collect information about when, where, what and how you purchased that item. It will also include where we sent that product, or any other benefits collected as part of the transaction.
  2. Analytics: We may use analytics services on our Site and our social media pages to help us evaluate and analyze how visitors use these platforms. We may also use web beacons on our Site and in email communications. Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we, or our third-party service providers, place on our Site and in emails. Web beacons allow us to accurately count the number of unique users who have visited a specific page on the Site or opened or acted upon an email. This information allows us to measure the performance of our Site and our email campaigns and provide you a more personalized experience.
  1. PERSONAL INFORMATION WE COLLECT DIRECTLY FROM YOU

If you are a visitor to the Site, you are not obligated to provide any information to us, but we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services, including:

  1. Information You Voluntarily Provide on the Site: In order for you to use certain features of the Site (for example, to sign up for our Join the Campaign, make a purchase through the Site, or to request certain information from Tony Marc), we may require that you provide certain information to us. In order to make a purchase through the Site, you will be required to provide your name, shipping address, billing address, telephone number, email address, credit card number or other payment account number. You may also choose to provide additional information about yourself when you use certain features of the Site, such as your mobile phone number, as well as information you provide in connection with a survey or sweepstakes conducted through the Site. If you elect to participate in a survey and/or sweepstakes, you may be providing personal information, such as name, postal address, email address, telephone number, gender, and fashion preferences to the company that is hosting the sweepstakes Web site.
  2. Information You Post Publicly on the Site: Tony Marc may make available through the Site functionality (for example, message boards, chat functionality and blogs, among other services) through which you can post comments, information and materials. Please note that any information you post through this type of functionality becomes public information and may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose information about yourself, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH PUBLIC FEATURES ON THE SITE. 
  3. When you apply for a job: Our Site includes a Careers feature that allows you to submit your resume as part of the online application process. When you submit your resume, you will be required to provide personal information, including but not limited to your name, contact information, educational and job history, and references. This information will be used by us to assess and process your application. You will be provided with more information about how we process this information as part of the application process. We may ask you to provide additional information during the interview or hiring process. We may also use the information you provide to contact you about your application; for example, to ask you to agree to a background check or to send you an offer letter. We do not share the information you provide in the online application process to anyone outside of Tony Marc, except as we believe is required by law.
  1. PERSONAL INFORMATION RECEIVED FROM THIRD PARTY SOURCES

We may obtain Personal Information about you from other sources and combine that with the information we collect about you, including: 

  1. Social Media: If you interact with us on social media, we will also collect Personal Information about these interactions. 
  2. Postal Service: We may collect Personal Information from the local postal services’ national change of address database to verify and update mailing addresses.
  3. Your Friends: We may collect information from other sources, such as from people with whom you are friends with. For example, the Site may include functionality that permits our users to send messages regarding Site-related content to a friend through the Site. We may receive your email address from a friend so that we can facilitate your friend sending a message to you. Tony Marc may retain the email address your friend provides and will use your friend’s email address only as described in this Policy.
  1. USE OF PERSONAL INFORMATION

We may use the information we collect through the Site in the following ways:

  1. Fulfillment of Requests and Purchases: Tony Marc may use the information collected through the Site to fulfill requests you make through the Site, including to send you marketing and special offers, fulfill your purchases, or respond to information requests. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information required for us (and our third party payment provider(s)) to process the applicable purchase (collectively, ‘Payment Information’) from you, and may use this Payment Information in order to fulfill your purchase. We may include your name and billing address in the packing slip that accompanies any products that you ask us to ship to you or other recipient. We may also use the information you provide when purchasing products on our Site to contact you or the recipient in the event of order or delivery difficulties.
  2. Administrative Communications: From time to time we may use the email address and postal address you have provided to us to send you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving these communications. 
  3. Marketing Communications: From time to time, we may use information that you provide (e.g., the email address, postal address) or that we collect in accordance with this Policy (e.g., geolocation data) to inform you of current and new products, programs, services, and special offers (collectively ‘Marketing Messages’) that we believe may be of interest to you. If you would prefer that we do not send these Marketing Messages to you, you can follow the instructions contained in each Marketing Message you receive from us describing how you can opt-out of receiving further Marketing Messages from us, or you can follow the instructions in the “Opt-Out” section below.
  4. Text Message Communications: If you elect, you may provide your mobile phone number to Tony Marc. By submitting your mobile phone number, you consent to receive text messages from Tony Marc containing product and event information, as well as promotions that may be sent using automated dialing systems (‘Text Messages’). Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may unsubscribe from receiving Tony Marc Text Messages any time by texting the word “Stop” to the five digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five digit number from which the text messages are being sent), or you can follow the instructions in the “Opt-Out” section below.
  5. Promotional Offers: We may operate sweepstakes, contests and similar promotions (collectively, ‘Promotions’) through the Site. We typically ask you for certain information when you enter and, if applicable, win, a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about Tony Marc’s use of the information you provide in connection with the applicable Promotion. To the extent that the applicable rules for a Promotion include terms and conditions regarding the treatment of the information you provide in connection with that Promotion that conflict with this Policy, the terms and conditions of the Promotion’s rules will control with regard to the information you provide in connection with that Promotion. 
  6. Internal Business Purposes: We may use the information we collect for our internal business purposes, such as data analysis and audits. In addition, we may also use this information to enhance our understanding of users’ interests and to aid us in providing our clients with targeted Promotions. We will not use your Personal Information we collected for material different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent. 
  1. SHARING OF PERSONAL INFORMATION

We may share the information we collect through the Site in the following ways:

  1. Third Parties: We may share your Personal Information with third parties under the following circumstances: 
  1. Third Party Service Providers: We work with third party service providers who provide services to Tony Marc in connection with the Site. These services may include, but are not limited to, operating the Site, payment processing and authorization, data analysis, order fulfillment, client support, list enhancement and other administrative services. These service providers may include client support specialists, webhosting companies, client data management and enhancement companies, payment processors, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and email service providers. We may share your information with these third party service providers for the purpose of enabling these third parties to provide these services. These third parties will only be provided with access to your information as needed to perform services on our behalf and will not be permitted to use this information for any other purpose.
  2. Third Party Marketing Communications: From time to time, we may share your information with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. As noted above, if you would prefer that we do not share your information for marketing purposes, you can opt out by following the link in the “Opt-Out” section below.
  3. Third Party Sponsors: We may share the information you provide in connection with Promotions with third-party sponsors of the applicable Promotion (irrespective of whether the applicable Promotion is hosted by us), or otherwise in accordance with the rules applicable to the particular Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor’s or other third parties’ use of the information you provide in connection with the Promotion. To the extent that the applicable rules for a Promotion include terms and conditions regarding the treatment of the information you provide in connection with that Promotion that conflict with this Policy, the terms and conditions of the Promotion’s rules will control with regard to the information you provide in connection with that Promotion. 
  4. Government Authorities: To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law or if requested in response to a subpoena or court order or as otherwise compelled to do so in accordance with litigation (e.g., lawful discovery requests); (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Service. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
  1. Your Friends: Information you provide when you send a message regarding Site-related content to a friend through the Site, such as your name and your email address, will be shared with your friend. 

Tony Marc may share information relating to visitors and users of the Site with affiliated or unaffiliated third parties on an aggregate basis. We note that, while this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally. 

We reserve the right to transfer any and all information that we collect from Site users to an affiliate at any time or to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Tony Marc’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). 

  1. OTHER IMPORTANT NOTICES REGARDING OUR PRIVACY PRACTICES
  1. Linked Third Party Sites: The Site may contain links to third party websites, including links to social networking sites or “share functionality,” that are not owned or controlled by Tony Marc. Your use of these features may result in the collection or sharing of information about you by these sites, depending on the feature. These linked sites are not under Tony Marc’s control and we are not responsible for the privacy practices or the contents of any applicable linked site, or any link contained in any linked site. We provide these links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Tony Marc. If you provide any information through any of these third-party websites, your transaction will occur on the third party’s website (not the Site) and the information you provide will be collected by, and controlled by the privacy policy of, that third party. These third parties may use cookies and web beacons to track the actions of users online over time and across different web sites or platforms to deliver targeted electronic advertisements to an individual user. You are subject to the policies of those third parties when and where applicable. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
  2. Interest-Based Advertising:  We may partner with third party service providers to serve ads on our behalf on other non-affiliated third party websites or applications. Some of the ads may be personalized, meaning that they are tailored to you based on what we or our third party service provider serving the ad knows about you or your device’s browsing activity. 
  3. Security: We employ commercially reasonable security methods and technologies to help secure your personal information and passwords. We have firewalls and industry standard encryption protocol known as Secure Socket Layer (SSL), in place to help protect against the loss, misuse, and alteration of the information under our control. While no data transmission over the Internet or data storage system can be guaranteed to be 100% secure, if you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem by contacting us at customerservice@tonymarc.com.
  4. Secure Shopping Guarantee: We have established a “Secure Shopping Guarantee” for every online transaction you make through our Site. If any unauthorized charges were to appear on your credit card as a result of shopping online via the Site, you must notify your credit card provider in accordance with its reporting rules and procedures. Pursuant to our Secure Shopping Guarantee, we will cover the liability arising in connection with unauthorized use of your credit card based on purchases you make through tonymarc.com only if the unauthorized use of your credit card resulted through no fault of your own. 
  5. Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13). To ensure compliance with the Children’s Online Privacy Protection Act of 1998, Tony Marc does not knowingly collect Personal Information of children under the age of thirteen (13) on this Site. If you have reason to believe that a child has provided Personal Information to us through the Site, please contact us and we will endeavor to delete that Personal Information from our database. 
  1. YOUR CHOICES
  1. Opt-Outs: You can opt-out of receiving Marketing Messages from us at any time. To unsubscribe from emails at any time, click ‘unsubscribe’ at the bottom of one of our emails. To opt out of text messages you can text ‘Stop’ to the five digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that email and text messaging program. Please note that even if you opt out of receiving Marketing Messages, we may continue to send you emails, such as those about your account or our ongoing business relations. We will endeavor to comply with your opt-out requests as soon as reasonably practicable and in accordance with applicable law. Please note that if you opt-out as described above, we will not be able to remove information about you from the databases of third parties with which we have already shared your information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related emails from third parties, please contact the applicable third party directly or utilize any opt-out mechanisms set forth in the applicable third party’s privacy policy or marketing-related emails. You may also choose not to receive Tony Marc Marketing Messages by emailing customerservice@tonymarc.com and specifying that you no longer want to receive these Marketing Messages.
  2. Updating Your Information: If you would like to review, correct or update any information that you have previously and directly provided to us through the Site, you may contact us at as described in Section IX below (Contacting Us),or if you are a registered user, you may do so by signing on to your account and modifying the applicable information.
  1. INTERNATIONAL USERS

The Site is controlled and operated by Tony Marc from the United States and is not intended to subject Tony Marc to the laws or jurisdiction of any state, country or territory other than that of the United States. Tony Marc does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 

If you are visiting the Site from outside the United States and provide us with Personal Information (or ‘Personal Data’), please note that your Personal Data may be accessed by or transferred, stored by us or our affiliates in the United States and other countries in accordance with this Policy and U.S. law. By using our Site or providing us with any information, you fully understand and consent to this transfer, processing, and storage of your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. Your information will also be disclosed to third parties as described in ‘Section V. Sharing of Personal Information’ above. 

  1. CONTACTING US

If you have any questions regarding this Policy, please contact us via email at customerservice@tonymarc.com. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

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