Last Updated: January 18, 2019
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against DVF on an individual basis. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY
• How Does the Website Work?
• What Type of Information Does DVF Collect?
• How Do We Use Information We Collect on the Website and Why?
• Under What Circumstances May We Disclose or Share Information?
• Legal Bases of Our Collection and Processing
• What Happens if DVF Assets are Assigned?
• Your Rights; Do We Permit Individuals to Opt-Out of Receiving Communications from DVF?
• Do You Have the Ability not to be Identified by DVF Online?
• How Do We Store and Safeguard Information?
• Does DVF Provide Links to Other Websites?
• What are our Policies Regarding Children?
• Do We have Mechanisms in Place to Permit Access, Removal, and Complaints Regarding Information That We Collect?
• Consent to Transfer
• Dispute Resolution
• Choice of Law
• YOUR CALIFORNIA PRIVACY RIGHTS
• Contact Us
How Does the Website Work?
What Type of Information Does DVF Collect?
We collect the following information through the Website.
"Personal Information" is information that identifies you personally, such as your name, address, telephone number, or email address. DVF collects and stores the Personal Information that you have provided to us. Here are some examples of manners in which we may collect your Personal Information:
• We may collect your first and last name, date of birth, and email address if you register with the Website;
• We may collect your first and last name, date of birth, e-mail address, and country of residence if you sign up to receive online newsletters;
• We may collect your name, address, month of birth, phone number, and e-mail address if you complete a Dialogue Card in one of our stores;
• We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes; and
• We may collect your first and last name, telephone number, address, and your credit card and billing information if you make a purchase of a product.
• We may collect your first and last name, telephone number, address, email address, social media information, and any other personal information that you voluntarily submit to us if you apply for a job opening on our Website.
• Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Website to the interests of our users and to measure traffic within our Website.
• Cookie – A “cookie” is a small text file that may be used to collect information about your activity on the Website. For example, when someone visits a page within the Website, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Website previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Website.
• Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Website and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
• Demographic Information – “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Website.
This information is collected directly from you, as well as through third parties that you have authorized to provide such Personal Information, and, where permitted by local law, through publicly accessible sources such as social media. We also may obtain, collect and aggregate information (including Personal Information) from other sources, such as data brokers, marketing service providers, vendors, and other third parties .
"Non-Personal Information" can be technical information or it can be demographic information, such as your age, gender or interests. Non-Personal Information does NOT identify you personally.
We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Website meets your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be Non-Personal Information.
How Do We Use Information We Collect on the Website and Why?
We use Personal Information primarily for the following purposes:
• To alert you to special offers, updated information and other new products or items from DVF, or other third parties, or to forward promotional materials;
• To complete a transaction or service requested by you;
• To fulfill the terms of a promotion;
• To ensure the Website and our services are relevant to your needs;
• To help us create and publish content most relevant to you;
• To allow you access to limited-entry areas of the Website;
• To contact you in response to your request;
• In other manners as disclosed to you at the time of collection;
• To perform our obligations under a contract with you; and
• For certain automated decision-making activities, including serving online advertising, and/or generating a personality profile for you. For example, We engage in profiling based on your online browsing behavior, purchasing history, the information you provide us and other third parties. This means that we analyze all of this data to create a profile about your interests so we can tailor our marketing to you and deliver specific ads targeted to you. This means that you may not see certain ads that our algorithm deems irrelevant to you; conversely, you will receive ads that are based on the profile we have created about you. If the data we receive, have collected, or you have provided to us is inaccurate, this may affect the relevance of the ads that you receive and products/content you are served on the Website. 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 . For those in the EU, we will obtain your consent for profiling related to our marketing to you.
Non-Personal Information is used as described above and in other ways as permitted by applicable laws, including combining Non-Personal Information with Personal Information.
Under What Circumstances May We Disclose or Share Information?
We may share or disclose your Personal Information in the following instances:
• To complete your purchase. If you choose to make a purchase, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties such as payment card processing companies as necessary to complete your purchase .
• To provide you with additional customer service. For example, if you ask us to provide you with additional information or to compare your purchased items with items available elsewhere, we may share your Personal Information with order fulfillment service providers in order to confirm your purchase and fulfill your request. In addition, if you email us a question, we may use your email address to process your request and respond to your question and we may use a third party customer service provider to help with customer service.
• To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Website and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on DVF’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the Personal Information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers will have access to users’ Personal Information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any Personal Information to us. Personal Information may be shared with unaffiliated third-party services providers as follows:
• To administer promotions. If you are entering a sweepstakes or contest, we may use your Personal Information in order to fulfill the terms of that promotion. This means that we may share the information with third parties for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
• To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your Personal Information for research, administrative and/or internal business purposes. These parties may use your Personal Information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your Personal Information in this manner, please do not provide us with this information. For those in the EU, we will obtain your consent before sharing your personal information with such third parties’ for their marketing purposes.
• To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of DVF, our Visitors or Registrants, or act in urgent circumstances to protect the personal safety of our end users.
• To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze non-identifying and aggregate usage and volume statistical information from our Visitors, Registrants and Customers and provide such information to third parties.
We use non-Personal Information collected on the Website in the manner disclosed above. We may share this non-Personal Information with third parties.
Legal Bases of Our Collection and Processing
We only collect or process your data based on the following legal bases:
• When we perform our obligations under a contract with you (for example, if you are a consumer we will use your Personal Information to carry out our obligations under the contract that we have with you);
• When we have a legal obligation to do so (for example, to comply with the law or respond to legal process or lawful requests, including from law enforcement and government agencies); or
• When we have your consent to use your Personal Information.
What Happens if DVF Assets are Assigned?
Your Rights; Do We Permit Individuals to Opt-Out of Receiving Communications from DVF?
Yes. We provide you the opportunity to exercise an opt-out choice if you do not want to receive promotional communications from us, such as emails or updates from us regarding new services and products offered or if you do not want us to share your Personal Information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where Personal Information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.
That said, please note that we also communicate with Registrants and other Visitors on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, you cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
Depending on whether you are located in the EU, you may have the right to request access to, rectification of, or erasure of your Personal Information; to restrict or object to our processing of your Personal Information (including objection to automated processing); to receive an electronic copy of your Personal Information, if you would like such a copy for yourself, and to data portability. Where our processing of your information is based on your consent, you may have the right to withdraw your consent by contacting us by e-mail at clientservices@DVF.com. Your withdrawal of consent will not affect the lawfulness of our processing of your Personal Information based on your consent prior to your withdrawal. Where appropriate, you may also have the right to lodge a complaint with your local data protection authority.
Do You Have the Ability not to be Identified by DVF Online?
How Do We Store and Safeguard Information?
DVF takes steps consistent with commercially reasonable industry standards to secure Personal Information collected from you from loss, misuse, unauthorized access and destruction while under our control. However, please note that despite our efforts to protect Personal Information and other information provided to us, we cannot guarantee that such information will not be lost, disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
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 or as required by applicable law, and then we will delete it.
We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
• Essential. Some cookies are essential in order to enable you to move around our website and mobile applications and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
• Browsing and Functionality. We use these cookies to remember choices you make on the Services, such as your preferred language and the country from which you are visiting, and to provide enhanced, more personalized features.
• Performance and Analytics. We use third party cookies to see how you use our Services in order to improve their performance and develop them according to your preferences. In particular, we use mobile analytics tools to better understand the functionality of our mobile applications. These tools may record information about your usage, including how often you use the app, the events that occur within the app, and from where the app was downloaded. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
• Targeting Advertising . We receive audience based data (such as pixel traffic and conversion data) from social media platform providers.
There are several ways to manage cookies. Please check your browser and browser settings to determine where these types of cookies are stored and whether and how they may be deleted. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most cookies altogether. Please note that if cookies are disabled or removed, not all features of our Website will operate as intended.
If you wish to not have this information collected and used for interest-based advertising, you may opt-out by clicking here for partners that are located in the EU click here. If you wish to opt-out from this type of advertising for companies that participate in the Network Advertising Initiative, please click here. If you wish to opt-out from this type of advertising for companies that participate in the Digital Advertising Alliance (“DAA”), you can do so here. Please note that this does not opt you out of being served ads. You will continue to receive generic ads. Please also note that DVF adheres to the DAA’s Self-Regulatory Principles .
PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
Does DVF Provide Links to Other Websites?
What are our Policies Regarding Children?
The Website is intended for general use of persons who have reached the age of consent in their jurisdiction of residence, and it is not targeted to anyone under sixteen (16) years of age. DVF does not knowingly collect Personal Information from anyone under sixteen (16) years of age. If we learn that we have unwittingly collected Personal Information from anyone under sixteen (16) years of age, we will promptly delete such information.
Do we have Mechanisms in Place to Permit Access, Removal, and Complaints Regarding Information That We Collect?
You may access and update your Personal Information by logging into your account on the Website or by contacting DVF. If you wish to remove Personal Information that you have submitted to DVF, please send us an email requesting such removal to clientservices@DVF.com. If you have questions or concerns about any of our information collection or handling practices, please contact us at clientservices@DVF.com or write to us at DVF Studio, LLC, Attn: Customer service for DVF.COM, 440 West 14th Street, New York, NY 10014.
Consent to Transfer
Notice shall be sent to:
DVF Studio, LLC
Attn: Customer service for DVF.COM
440 West 14th Street
New York, NY 10014
Both you and DVF agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. WHERE PERMITTED BY APPLICABLE LAW, IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
Choice of Law
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits our Visitors who are California residents to request certain information regarding DVF’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at the information provided below.
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.
By email: clientservices@DVF.com
DVF Studio, LLC
Attn: Customer service for DVF.COM
440 West 14th Street
New York, NY 10014