PRIVACY POLICIES

Date revised and posted: October 5, 2016

The website cushnieetochs.com (the “Cushnie et Ochs website"), is published and maintained by Cushnie et Ochs, LLC (“Cushnie et Ochs"). This policy (the “Privacy Policy") applies to your use of the CUSHNIE ET OCHS website and to information collected through the CUSHNIE ET OCHS website and any other website, microsite, mobile device application, social media or other Internet property owned or operated by CUSHNIE ET OCHS or its affiliates or subsidiaries (collectively “we" or “us" or “our") and related services (collectively, the “site(s)"). By visiting the site(s) or using the related services, you agree to abide by this Privacy Policy. From time to time, CUSHNIE ET OCHS may modify this Privacy Policy. In that event, the modified Privacy Policy will appear at this location. In certain circumstances, you may be notified of such changes by email or other means. This Privacy Policy is incorporated into, and is part of, the Cushnie et Ochs Terms & Conditions. which govern your use of the site(s). Your access to and use of the site(s) is undertaken at your own risk. If you do not agree to this Privacy Policy or are dissatisfied with the site(s) or any content therein, your sole and exclusive remedy is to stop using the site(s) and its/their information, content and services, and you may not access or otherwise use the site(s).

NOTE FOR INTERNATIONAL USERS: If you are accessing the site(s) from outside of the United States of America and place an order, you agree to and will be subject to the Terms & Conditions and Privacy Policy of CUSHNIE ET OCHS’s international fulfillment partner, FedEx CrossBorder, Bongo International (d.b.a. FedEx CrossBorder) 10040 18th St. N. Suite 6, St. Petersburg, FL 33716, 203.683.4894 (“CrossBorder"). Please review CrossBorder’s Privacy Policy before placing an order with CrossBorder. CrossBorder may share information with us and, in that event, we will treat your information in accordance with this Privacy Policy. You further understand that your information is being sent to the United States of America, whose laws may not provide as many protections as those in your country.

1. Purpose

Your privacy is important to us. This Privacy Policy has been developed as an extension of our commitment to combine the finest quality products and services with the highest level of integrity in dealing with our customers. This Privacy Policy describes how we collect, store and use information about customers and prospects, including what personally-identifiable information and other information is collected from you via the site(s) and why; how we use this information; when we share this information with third parties; the choices you can make about how your personally-identifiable information is collected, used, or shared; and the data security, accuracy, and access measures we have adopted to protect your information.

Please take a few minutes to read this Privacy Policy so that you understand how we treat your information. Please be assured that we take your concerns about privacy seriously and we intend to take every reasonable effort to protect it. This Privacy Policy will be periodically assessed against new technologies, business practices and our customers’ changing needs.

2. What Information Is Collected?

User-Provided Information:
Personally-identifiable information is collected to the extent that we deem reasonably necessary to serve a legitimate business or marketing purpose. We may collect personally-identifiable information from users of the site(s), for example, through such users’ activities, transactions and completion of online forms on the site(s). Information we collect may include your name, contact information and birthdate. We might also collect information about your purchases. Such information is collected, for example, when users register or subscribe for accounts, electronic newsletters or features on the site(s), make online purchases, enter sweepstakes or contests, complete surveys, post materials, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through the site(s), submit a comment or question to us using a “Contact" feature or similar feature on the site(s), send us an email or in any other way submit personally-identifiable information to us via our site(s). We may also keep a record of your product interests and purchases online and in stores. You may be able to send information about our products and services to your friends and family members through the site(s) by clicking on an “Email to Friend" or similar button on the site(s) or in an email that we have sent you. In some of these cases (unless you simply forward our email on your own), you may provide the name and email address of your friend or family member to us. You should only do this if you know your friend or family member would consent to such sharing. Such information will be treated in accordance with this Privacy Policy and applicable law. You may also be able to send an online card or message to a friend or family member, or send them a gift or gift certificate. If so, you may be required to provide us with your friend’s or family member’s personally-identifiable information. You should only do this if you know your friend or family member would consent to such sharing. Such information will be treated in accordance with this Privacy Policy and applicable law.

We collect personally-identifiable information only if you choose to share such information with us. Whether or not you provide any of your personally-identifiable information is your own choice. If you choose not to provide the information we request, you may be unable to purchase products or access certain services, offers or content on our site(s). Please be aware that if you disclose personally-identifiable information on social media sites, website message boards or chat areas, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond our control.

NOTE FOR INTERNATIONAL USERS: The personally-identifiable information that we collect from you or that we may receive from our third-party vendors, including CrossBorder, may be transferred to and stored at locations in the United States of America, outside of the country or other economic area in which you reside (including the European Economic Area (“EEA")). The information may also be processed by staff who work for CUSHNIE ET OCHS, its affiliates or service providers, and who are located outside the country or economic area (including the EEA) where you reside. Such staff may engage in fulfillment of your order, processing of your payment and provision of support services, among other things. By submitting your personally-identifiable information and using the site(s), you agree to this transfer, storing and processing.

Cookies:
The site(s) may use cookies and other tracking code in order to keep and track analytics and information about you. To learn more about cookies and the other tracking tools we use, and to learn about your tracking choices, please read our Ad and Cookie Policy.

IP Address and Clickstream Data:
Our server automatically collects data about your server's Internet address when you visit the site(s). This information, known as an Internet Protocol address (an “IP Address"), is a number that is automatically assigned to your computer by your Internet service provider. When you visit the site(s), our servers may log your IP Address, domain name, location, language preferences, Internet service provider and other aggregate information. Our servers may also record the referring website or search engine that brought you to the site(s); the pages you visit on the site(s); the website you visit after the site(s); the ads you view or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the site(s) or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server and to administer the site(s). We may also link this information with your personally-identifiable information. Any or all of these activities with regard to website usage information may be performed on our behalf by our service providers including, for example, CrossBorder, Vantiv and Signifyd.

3. How Is the Collected Information Used?

We will use the personally-identifiable information to respond to your requests and to provide you with product and service offerings. For example, we will process your orders, respond to your inquiries and offer you products, services and features through the site(s). We may also use your personally-identifiable information to help us develop and improve the site(s), tailor the site(s) to your interests and maintain our internal records. We may match information collected from you through different means or at different times, including both personally-identifiable information and usage information, and use this information with information obtained from other sources. In addition, we may send you notices (for example, emails, mailings and the like) and correspond with you about products, services, companies, promotions, sweepstakes, contests or events sponsored by us or others that we think might interest you. CUSHNIE ET OCHS may offer electronic newsletters and emails as a service to our users. You will only receive a newsletter or promotional email from CUSHNIE ET OCHS if you agree during your activities on or through the site(s) or using our newsletter signup form to receive these items. Instructions on how to unsubscribe are included in each electronic newsletter and email. You may also opt out of receiving such notices by following the instructions in the “Choice to Opt Out" section below, or by submitting a request via email to our Customer Care Department at customercare@cushnieetochs.com. We may analyze user behavior as a measure of interest in, and use of, the site(s) and emails, both on an individual basis and in the aggregate. We may also use the personally-identifiable information for fraud protection or credit risk reduction.

4. When Do We Share Personally-Identifiable Information and Usage Information with Others?

Whenever CUSHNIE ET OCHS permits a third party to access personally-identifiable information, we will require the third party to agree to use commercially appropriate procedures to help ensure that such information is used only for authorized purposes by authorized persons in a manner consistent with the choices customers and prospects have made under this Privacy Policy, and that the security, integrity and privacy of the information is maintained.

Co-Sponsored Contests, Sweepstakes and Offerings:
Some of our contests, sweepstakes and other offerings that made available on or through the site(s) from time to time may be co-sponsored by another company. In those situations, unless you instruct us otherwise, the information we obtain from you in connection with such contest, sweepstakes or offering may be shared with our co-sponsor and in accordance with terms disclosed in such contest, sweepstakes or offerings. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies and in particular in accordance with any specific disclosures made to you at the time you participate in such contest, sweepstakes or offering. We are not responsible for how our co-sponsors may use your information.

We may also share or cross-reference such information, including your personally-identifiable information, with unrelated companies you may be interested in so that the companies can directly market their products or services to you.

Service Providers:
We use third party partners to provide our e-commerce solution and to help operate the site(s) and deliver our products and services. We may share your information with third party e-commerce solution partners, third-party payment providers (e.g., Visa, Mastercard and American Express), our affiliates, service providers and other third parties that provide products or services for or through the site(s) or for our business (such as site hosting or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications and other similar service providers that use such information on our behalf). We require our service providers to agree to maintain the confidentiality of your personally-identifiable information.

Aggregate Statistics:
We may disclose to third parties aggregate statistics regarding user behavior to measure interest in, and use of, the site(s) and emails in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable anonymous information about you such as age, gender, types of products purchased, pages accessed most frequently or search terms used. Aggregate information is used in a collective manner and no single person can be identified by that compiled information. For example, the number of people who visit the CUSHNIE ET OCHS website who are 25 years of age is aggregate information that does not personally identify a specific user.

Legally Compelled Disclosures:
We cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights. We may disclose personally-identifiable information and other information when we believe it is necessary to identify, contact, or bring legal action against persons or entities to protect CUSHNIE ET OCHS or our customers or when we believe that disclosure is required by the law or legal process. We may disclose user information to government authorities or to other third parties when compelled to do so by government authorities, at our discretion or as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process. This may include in connection with the enforcement of this Privacy Policy or our Terms of Use. We also may disclose user information when we have reason to believe that someone is causing injury to or interfering with our rights or property, other users of the site(s), or anyone else who could be harmed by such activities.

Business Transfer:
If CUSHNIE ET OCHS, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, personally-identifiable information may be one of the transferred assets. We may share personally-identifiable information and other information with entities controlling, controlled by or under common control with CUSHNIE ET OCHS.

Third Party Ad Servers:
We may use third-party advertising companies to serve ads when you visit the site(s). These companies may use information about your visits to the site(s) and other websites in order to provide advertisements about goods and services of interest to you. To learn more about how these companies serve ads to you, please read our Ad and Cookie Policy

Wireless Addresses:
If you provide us a wireless email address, you agree to receive messages at such address from CUSHNIE ET OCHS. Your wireless carrier’s standard rates apply to these messages, and you may change your mind at any time by following the instructions in the “Choice to Opt Out" section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received and that you are authorized to approve the applicable charges.

5. Choice to Opt Out

You will be given the opportunity to opt out of certain of our uses of your personally-identifiable information. For example, at the time you are requested to provide personally-identifiable information on the site(s), you may have the opportunity to elect to, or not to receive correspondence from us. If you wish to opt out of our correspondence, you may do so by clicking the “Unsubscribe" feature or by email: customercare@cushnieetochs.com. If you would like to access, verify, correct, update or delete your email address, mailing address or other information, please contact us the same way. You may also opt out of CUSHNIE ET OCHS’s promotional emails at any time by clicking on the opt-out link within the email you receive. Please note that it may take up to two weeks for your request to become effective and during such time you may receive email notifications from CUSHNIE ET OCHS. If you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, we will not be responsible for any communications that you may receive from entities that received your personally-identifiable information prior to such request. In these cases, please contact that entity directly.

You can control certain cookies and tracking tools through your browser. To learn more about tracking and how to manage how we and our vendors use cookies and other tracking tools, please click here.

6. Security

Protecting your information is a priority for us. CUSHNIE ET OCHS has implemented reasonable safeguards to ensure the security, integrity and privacy of personally-identifiable information provided to the site(s). However, due to the inherent nature of the Internet, we cannot guarantee that information stored on our system or transmitted on the Internet will be absolutely safe from intrusion by hackers. No data transmission over the Internet can be guaranteed to be 100% secure. It may be possible for third parties not under the control of CUSHNIE ET OCHS to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot and do not guarantee or warrant the security of any information you transmit to us. Any such transmission is done so at your own risk.

If you contact us by email, you should be aware that your transmission might not be secure. A third party could view information you send by these methods.

If you create an account on the site(s) with a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the site(s) by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify CUSHNIE ET OCHS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify CUSHNIE ET OCHS when you wish to cancel your account on the site(s). To the maximum extent permitted by law, (x) we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision and (y) you agree to indemnify and hold harmless CUSHNIE ET OCHS, its affiliates for any improper, unauthorized or illegal use of your account.

We will have no liability for disclosure of your information due to errors or unauthorized acts of any third party. In the unlikely event that we believe that the security of your personally-identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and if we have your email address, we may notify you by email. You consent to our use of email as a means of such notification.

Third Party “Linked-To" websites:
Through the site(s) you may have the opportunity to visit or link to other sites not operated by CUSHNIE ET OCHS, including sites operated by unaffiliated third parties. These sites may collect personally-identifiable information about you. While CUSHNIE ET OCHS will employ commercially-appropriate procedures to help ensure that your information is only used for the authorized purposes described in this Privacy Policy, CUSHNIE ET OCHS does not control sites that are operated by these entities and is not responsible for the information practices and privacy policies of these sites.

Phishing:
It has become increasingly common for unauthorized individuals purporting to represent a legitimate company, such as a bank or on-line merchant, to send emails to consumers requesting that the consumer provide personal or sensitive information. Sometimes, the domain name of the email address from which the email appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing."

If you receive an email or other correspondence requesting that you provide any sensitive information (including your password for the site(s) or credit/debit card information) via email or to a website or individual that does not seem to be affiliated with the site(s), or that otherwise seems suspicious to you, please do not disclose such information, and report such request to us by calling 1-844-564-7839 or by emailing our Customer Care Department at customercare@cushnieetochs.com.

Children’s Privacy Statement:
CUSHNIE ET OCHS is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. Our site(s) are intended for adults. Accordingly, we do not knowingly collect personally-identifiable information from children under the age of 13 (or other age where parental consent may be required) without prior verifiable parental consent when legally required. If we become aware that we have inadvertently received personally-identifiable information from a customer without the legally required prior verifiable parental consent, we will delete such information from our records.

Information posted on social media, message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information.

7. Your Access Rights & Corrections

You may review and correct the personally-identifiable information that has been collected by CUSHNIE ET OCHS and is stored in your user account on the CUSHNIE ET OCHS website by logging in at “My Account" or by resubmitting your information using the “Subscribe" feature located on the CUSHNIE ET OCHS website or by contacting us by email at customercare@cushnieetochs.com. You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us address your request.

8. Consent to Processing

The CUSHNIE ET OCHS website is hosted and operated in the United States of America, pursuant to United States law and this Privacy Policy shall be interpreted under the laws of the United States of America. By providing personally-identifiable information to the CUSHNIE ET OCHS website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States of America and other countries and territories.

NOTE FOR INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your personally-identifiable information that is of the same level as that applicable under the laws of the EEA member state in which you are located.

9. Choice of Law / Arbitration

Any dispute or claim arising out of or in connection with this Privacy Policy or your use of the site(s) shall be governed by and construed in accordance with the laws of the State of New York and shall be referred to and finally resolved by confidential arbitration in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, which rules are deemed to be incorporated by reference. The award or decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such award by any court. Each party will bear its own expenses.

10. Your California Privacy Rights

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make such a request, please send us an email at customercare@cushnieetochs.com or write to us at Cushnie et Ochs C/O Customer Care 251 W 39th Street, 8th Floor, New York, NY 10018. Indicate in your letter that you are a California resident making a “Shine the Light" inquiry.

11. Questions and comments

This Privacy Policy has been developed out of respect for the privacy preferences and choices of our customers. We have established procedures to ensure that reasonable effort is made to address your concerns. Questions or comments may be directed to: Tel: 1-844-564-7839, email: customercare@cushnieetochs.com.

Cushnie et Ochs, LLC Privacy Policy Effective Date: October 5, 2016