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Terms of Service
SHOPTIQUES TERMS OF SERVICE: Welcome to the Shoptiques website (the "Site"). Shoptiques provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service ("TOS") and the linked Privacy Policy . We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are a Shoptiques registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.
Description of Services. In the Site, Shoptiques provides users with access to boutique inventory from participating boutiques (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access. Shoptiques grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Shoptiques’ sole discretion) an unreasonable or disproportionately large load on Shoptiques’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Shoptiques to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Shoptiques.
Membership Eligibility. The Shoptiques.com Service is not available to any users suspended or removed from the system by Shoptiques for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Shoptiques.com account to another party. If you do not qualify, you may not use the Shoptiques.com Service or the Site.
Your Account. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shoptiques has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shoptiques has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Shoptiques immediately of any unauthorized use of your account or any other breach of security. Once you complete and submit your registration, you have opted in to receive email communication from us. Shoptiques reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Submitted Content.
POSTING AND CONDUCT RESTRICTIONS
Boutiques are able to submit photos using Social Media Networks for sale on the Site, Users and Boutiques can post comments throughout the Site (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service on the Site or via other Social Networking Sites intended for the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content and we cannot and do no review it all.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to the Service or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Shoptiques takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts through the Service. You understand and agree that any loss or damage that occurs as a result of the User Content that you make available or access through your use of the Service is solely your responsibility. Remember, once you submit User Content through the Service, including any personally identifying information, it may be accessible by others. Shoptiques is not responsible for any public display or misuse of your User Content. Shoptiques does not, and cannot, pre-screen or monitor all User Content and Shoptiques has no control over and does not guarantee the quality, safety or legality of the items advertised and sold via the Service. However, at our discretion, we or technology we employ may monitor and/or record your interactions with the Service.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at Customer Support at support@shoptiques.com. LICENSE GRANT By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Shoptiques a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. INTELLECTUAL PROPERTY You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
Disclaimer of Warranty. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SHOPTIQUES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN SHOPTIQUES, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SHOPTIQUES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOPTIQUES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHOPTIQUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
Indemnity. You agree to indemnify and hold Shoptiques (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
Electronic Communication. When you use the Site or send emails to Shoptiques, you are communicating with Shoptiques electronically. You consent to receive communications electronically from Shoptiques and its Site Affiliates (as defined in the Privacy Policy ). Shoptiques will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Site-Provided Email and Postings. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Shoptiques is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Shoptiques may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Shoptiques purporting to speak on behalf of Shoptiques or containing confidential information or expressing opinions concerning Shoptiques. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Shoptiques.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Shoptiques.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Links. The Site or third parties may provide links to other World Wide Web sites or resources. Because Shoptiques has no control over such sites and resources, you acknowledge and agree that Shoptiques is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Shoptiques shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes. Shoptiques reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Shoptiques makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account. Shoptiques is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Shoptiques.com to the list of domains approved to send you email (commonly known as your "whitelist"); and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy , as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy . If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy , you may do so by sending an email with the subject line "Termination" to the following email address: support@Shoptiques.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy , as relevant.
Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Shoptiques and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Shoptiques or such third party, which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. The images used in Style Quiz are only used for purposes of evaluating user’s style; trademarks and designs of these images are owned by their respective owners and are not affiliated with, no endorsed by Shoptiques.
Procedure for Claims of Intellectual Property Infringement. Shoptiques respects the intellectual property of others, and we ask our users to do the same. Shoptiques may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Shoptiques’s Copyright Agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Shoptiques’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Shoptiques, Inc 270, Bowery Street, 2nd Floor, New York, NY 10012 By phone: +1 (646) 368-9685 By email: support@shoptiques.com Shoptiques may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
General. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Shoptiques may offer special promotional offers, which may or may not apply to your Shoptiques account. You agree to be bound by any additional terms and conditions for these special offers. This TOS and the relationship between you and Shoptiques will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Shoptiques agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Shoptiques to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Shoptiques does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Shoptiques and governs your use of the Site, superseding any prior agreements between you and Shoptiques with respect to the Site.
Description of Services. In the Site, Shoptiques provides users with access to boutique inventory from participating boutiques (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access. Shoptiques grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Shoptiques’ sole discretion) an unreasonable or disproportionately large load on Shoptiques’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Shoptiques to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Shoptiques.
Membership Eligibility. The Shoptiques.com Service is not available to any users suspended or removed from the system by Shoptiques for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Shoptiques.com account to another party. If you do not qualify, you may not use the Shoptiques.com Service or the Site.
Your Account. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shoptiques has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shoptiques has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Shoptiques immediately of any unauthorized use of your account or any other breach of security. Once you complete and submit your registration, you have opted in to receive email communication from us. Shoptiques reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Submitted Content.
POSTING AND CONDUCT RESTRICTIONS
Boutiques are able to submit photos using Social Media Networks for sale on the Site, Users and Boutiques can post comments throughout the Site (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service on the Site or via other Social Networking Sites intended for the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content and we cannot and do no review it all.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to the Service or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Shoptiques takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts through the Service. You understand and agree that any loss or damage that occurs as a result of the User Content that you make available or access through your use of the Service is solely your responsibility. Remember, once you submit User Content through the Service, including any personally identifying information, it may be accessible by others. Shoptiques is not responsible for any public display or misuse of your User Content. Shoptiques does not, and cannot, pre-screen or monitor all User Content and Shoptiques has no control over and does not guarantee the quality, safety or legality of the items advertised and sold via the Service. However, at our discretion, we or technology we employ may monitor and/or record your interactions with the Service.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at Customer Support at support@shoptiques.com. LICENSE GRANT By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Shoptiques a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. INTELLECTUAL PROPERTY You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
Disclaimer of Warranty. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SHOPTIQUES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN SHOPTIQUES, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SHOPTIQUES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOPTIQUES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHOPTIQUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
Indemnity. You agree to indemnify and hold Shoptiques (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
Electronic Communication. When you use the Site or send emails to Shoptiques, you are communicating with Shoptiques electronically. You consent to receive communications electronically from Shoptiques and its Site Affiliates (as defined in the Privacy Policy ). Shoptiques will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Site-Provided Email and Postings. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Shoptiques is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Shoptiques may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Shoptiques purporting to speak on behalf of Shoptiques or containing confidential information or expressing opinions concerning Shoptiques. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Shoptiques.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Shoptiques.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Links. The Site or third parties may provide links to other World Wide Web sites or resources. Because Shoptiques has no control over such sites and resources, you acknowledge and agree that Shoptiques is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Shoptiques shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes. Shoptiques reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Shoptiques makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account. Shoptiques is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Shoptiques.com to the list of domains approved to send you email (commonly known as your "whitelist"); and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy , as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy . If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy , you may do so by sending an email with the subject line "Termination" to the following email address: support@Shoptiques.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy , as relevant.
Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Shoptiques and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Shoptiques or such third party, which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. The images used in Style Quiz are only used for purposes of evaluating user’s style; trademarks and designs of these images are owned by their respective owners and are not affiliated with, no endorsed by Shoptiques.
Procedure for Claims of Intellectual Property Infringement. Shoptiques respects the intellectual property of others, and we ask our users to do the same. Shoptiques may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Shoptiques’s Copyright Agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Shoptiques’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Shoptiques, Inc 270, Bowery Street, 2nd Floor, New York, NY 10012 By phone: +1 (646) 368-9685 By email: support@shoptiques.com Shoptiques may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
General. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Shoptiques may offer special promotional offers, which may or may not apply to your Shoptiques account. You agree to be bound by any additional terms and conditions for these special offers. This TOS and the relationship between you and Shoptiques will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Shoptiques agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Shoptiques to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Shoptiques does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Shoptiques and governs your use of the Site, superseding any prior agreements between you and Shoptiques with respect to the Site.
Privacy Policy
SHOPTIQUES PRIVACY POLICY:
Shoptiques is committed to protecting your privacy. The information collected from our Site helps us better understand our market and consumer interests. This allows us to serve our customers with the level of satisfaction they deserve. If you have questions or suggestions regarding this Privacy Policy or our privacy practices, please send an email message to privacy@shoptiques.com. Shoptiques, Inc. will only use your data to improve your experience with us. We will protect your data.
Protecting Your Privacy: At Shoptiques, we are 100% committed to protecting the privacy and security of all of our customers and site visitors. We appreciate and respect how important privacy is. If you have any questions about how we protect your privacy, contact us at privacy@shoptiques.com. For all our services, the data controller (the company that’s responsible for your privacy) is Shoptiques, Inc.
How we use your information: We use your information in a number of different ways — what we do depends on the information. The tables below set this out in detail:
Your name and contact details
How we use your name & contact details Why?
Deliver your purchases to you We need this information to deliver your products to you
Send you service messages by text, e-mail or through our app, such as order updates We need to be able to communicate with you regarding important updates like Order Information, Shipping Tracking details, etc
Sending you information by email, text, or mail, about our new products and services To keep you up to date. We only send this with your permission
Fraud prevention and detection To prevent and detect fraud against either you or Shoptiques.com – unfortunate, but absolutely essential
Showing you Shoptiques.com advertisements as your browse the web So you can see our latest products and deals
Finding out what you, and other customers, like To ensure we are giving you what you want, and to stay ahead of the competition
Your date of birth information
How we use your date of birth Why?
Birthday promotions To celebrate your birthday with an additional discount
Fraud prevention and detection To prevent and detect fraud against either you or Shoptiques.com – unfortunate, but absolutely essential
Your payment information (This means your card’s security/CVV code)
How we use your payment information Why?
Take payment, and give refunds We need to collect this information to process transactions and deliver our awesome! products to you! We do not store your credit card information. Stripe, our credit card processing partner, stores all of the credit card information securely!
Fraud prevention and detection To prevent and detect fraud against either you or Shoptiques.com – unfortunate, but absolutely essential
Your contact history with us
How we use your contact history Why?
Provide customer service and support You expect the best service from us and we want to deliver
Train our staff So you get the best possible customer service
Purchase history and saved items
How we use your purchase history and saved items Why?
Sell you things That’s the business we are in
Provide customer service and support, and handle returns This is what you have come to expect from us
Finding out what you and other customers like To ensure we are giving you what you want and to stay ahead of the competition
Information about your phone or laptop, and how you use our websites and apps
How we use information about your phone or laptop, and how you use our websites and apps Why?
Improve our website and set default options for you (such as language and currency) To give you the best possible shopping experience
Protect our website To prevent and detect fraud against either you or Shoptiques.com and to meet our legal obligations about looking after your data
Information from accounts you link to us - What we do if you link your Facebook account to us
How we use information from accounts you link to us Why?
To enable you to log into our website simply and easily without having to create a specific account To make it easier for you to use Shoptiques.com and purchase those items you want
To provide product recommendations So you can quickly spot things which you like
Your responses to surveys, competitions and promotions
How we use your responses to surveys, competitions and promotions Why?
Run the survey, competition or promotion We need to use this information to select a winner. If we can’t use your entry, you can’t possibly win!
You don’t have to give us any of this personal information! If you don’t provide this information, however, you may not be able to buy from the site, and you are unlikely to receive our best customer experience. But that is your choice and we respect that. We also anonymize and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving our site and app, and developing new products and services. We also share this information with third parties.
Sharing your information: We do not, and will not, sell any of your personal data to any third party, including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that. However, we share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement: companies in the Shoptiques, Inc. group, such as the boutiques that are on our platform, as sometimes different bits of our group are responsible for different activities; companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers, and delivery companies; professional service providers, such as marketing agencies, advertising partners and website hosts, who help us run our business; credit reference agencies, law enforcement and fraud prevention agencies, companies approved by you, such as social media sites, marketplace sellers and Stripe or PayPal. We may provide third parties with aggregated but anonymized information and analytics about our customers and, before we do so, we will make sure that it does not identify you.
How we use your information: If you have said we can, we’ll send you marketing messages by email or SMS (short message service), to keep you aware of what we’re up to and to help you see and find our products.
How to stop marketing messages from Shoptiques.com: through your account settings by clicking on the ‘unsubscribe’ link in any email or by contacting our customer service at support@shoptiques.com. Once you do this, we will update your profile to ensure that you don’t receive further marketing messages. Please note that as Shoptiques comprises a complex web of many inter-connecting services, it might take a few days for all our systems to be updated, so you might get messages from us while we process your request. Stopping marketing messages will not stop service communications.
Seeing advertisements for Shoptiques.com online: We also engage in online advertising, also to keep you aware of what we’re up to and to help you see and find our products. Like many other companies we target Shoptiques (& Shopkids) banners and ads to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies and mobile identifiers, as well as specific services offered by some sites and social networks. The banners and ads you see will be based on information we hold about you, or your previous use of Shoptiques (or Shopkids) (for example, your Shoptiques search history, and the content you read on Shoptiques) or on Shoptiques banners or ads you have previously clicked on.
Your information and countries outside Europe: The USA is not a country in respect of which there is a European Commission decision of adequacy, and we protect your privacy and your rights through the use of the European Commission’s standard data protection clauses. More information about these is available here http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087.
Keeping your information: We’ll hold on to your information for as long as you have your account, or as long as is needed to be able to provide the services to you, or (in the case of any contact you may have with our customer service team) for as long as is necessary to provide support-related reporting and trend analysis only. If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account, or it is no longer needed to provide the services to you.
Your rights: You have a lot of rights relating to your personal information: the right to be informed about how your personal information is being used; the right to access the personal information we hold about you; the right to request the correction of inaccurate personal information we hold about you; the right to request that we delete your data, or stop processing it or collecting it, in some circumstances; the right to stop direct marketing messages and to withdraw consent for other consent-based processing at any time; the right to request we transfer or port elements of your data either to you or another service provider; the right to complain to your data protection regulator; if you want to exercise your rights, have a complaint, or just have questions, please contact us at support@shoptiques.com or privacy@shoptiques.com
Changes to how we Protect Your Privacy: We may change this page from time to time, to reflect how we are processing your data. If we make significant changes, we will make that clear on Shoptiques.com, Shopkids.com or other Shoptiques services, or by some other means of contact such as email, so that you are able to review the changes before you continue to use Shoptiques, Inc properties.
What about cookies?: We use cookies when you visit our site. There are four main types of cookies: (1) Site functionality cookies – these cookies allow you to navigate the site and use our features, such as “Add to Bag” and “Lovebox”; (2) Site analytics cookies – these cookies allow us to measure and analyze how our customers use the site, to improve both its functionality and your shopping experience; (3) Customer preference cookies – when you are browsing or shopping on Shoptiques.com, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you; (4) Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future.
Legal Purchase Age: If you are under 18, we require that you inform a parent or guardian about Shoptiques Inc.’s Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering with Shoptiques.com or placing an order with Shoptiques.com.
International Data Transfer: Shoptiques is a global organization, and some of your data may be transferred internationally. Although data protection laws of various countries may differ from your own, we will take appropriate steps to ensure that your personal information is handled as described in this statement and in accordance with the law.
Your California Privacy Rights: As provided by California Civil Code Section 1798.83, a California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right. Except as expressly stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party that is participating in some activity describes on our site. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific activity, as we do not share information with any third party on a continual basis. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on our site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California customers may request further information about our compliance with this law by emailing CaliforniaPrivacy@shoptiques.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
Business Transfer: In the event that Shoptiques, Inc., any entity or business unit in the Shoptiques Inc. group of companies, or any of their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, your personal information may be one of the transferred assets. The terms of this Privacy Policy will continue to apply to your Personal Information that is transferred to the new entity.
Modification and Notification of Changes: Shoptiques, Inc. may at our sole discretion edit this Privacy Policy. If, and only if, we make a material modification to this Privacy Policy, it will notify you as follows:
a. sending an email to the address associated with your account. Shoptiques, Inc. is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add shoptiques.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
b. displaying a prominent announcement above the text of this Privacy Policy for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the Privacy Policy. If you have not used the Site for more than 30 days, you should check Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@shoptiques.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Privacy Policy, as relevant.
Your consent: By visiting shoptiques.com and/or shopkids.com, or downloading our apps: Shoptiques and/or Shopkids on the AppStore, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.
Historical Modifications:
10/1/2011 Original Privacy Policy Posted.
5/24/18 This Current Version Posted.
How to contact us: We always want to hear from our customers (especially if you feel we’ve let you down or could do better). If you have any questions or feedback about this notice, or would like us to stop using your information, or want to exercise any of your rights as set out above or have a complaint please don’t hesitate to contact our customer service team at support@shoptiques.com, who will be happy to answer any questions you may have. You can contact our privacy team by dropping us a line at privacy@shoptiques.com. Or if you’d like to, you can write to us at: Shoptiques, Inc., 41 East 11th Street 11th Floor New York, NY 10003, Attn: Chief Operating Officer or Chief Executive Officer.
Shoptiques is committed to protecting your privacy. The information collected from our Site helps us better understand our market and consumer interests. This allows us to serve our customers with the level of satisfaction they deserve. If you have questions or suggestions regarding this Privacy Policy or our privacy practices, please send an email message to privacy@shoptiques.com. Shoptiques, Inc. will only use your data to improve your experience with us. We will protect your data.
Protecting Your Privacy: At Shoptiques, we are 100% committed to protecting the privacy and security of all of our customers and site visitors. We appreciate and respect how important privacy is. If you have any questions about how we protect your privacy, contact us at privacy@shoptiques.com. For all our services, the data controller (the company that’s responsible for your privacy) is Shoptiques, Inc.
How we use your information: We use your information in a number of different ways — what we do depends on the information. The tables below set this out in detail:
Your name and contact details
How we use your name & contact details Why?
Deliver your purchases to you We need this information to deliver your products to you
Send you service messages by text, e-mail or through our app, such as order updates We need to be able to communicate with you regarding important updates like Order Information, Shipping Tracking details, etc
Sending you information by email, text, or mail, about our new products and services To keep you up to date. We only send this with your permission
Fraud prevention and detection To prevent and detect fraud against either you or Shoptiques.com – unfortunate, but absolutely essential
Showing you Shoptiques.com advertisements as your browse the web So you can see our latest products and deals
Finding out what you, and other customers, like To ensure we are giving you what you want, and to stay ahead of the competition
Your date of birth information
How we use your date of birth Why?
Birthday promotions To celebrate your birthday with an additional discount
Fraud prevention and detection To prevent and detect fraud against either you or Shoptiques.com – unfortunate, but absolutely essential
Your payment information (This means your card’s security/CVV code)
How we use your payment information Why?
Take payment, and give refunds We need to collect this information to process transactions and deliver our awesome! products to you! We do not store your credit card information. Stripe, our credit card processing partner, stores all of the credit card information securely!
Fraud prevention and detection To prevent and detect fraud against either you or Shoptiques.com – unfortunate, but absolutely essential
Your contact history with us
How we use your contact history Why?
Provide customer service and support You expect the best service from us and we want to deliver
Train our staff So you get the best possible customer service
Purchase history and saved items
How we use your purchase history and saved items Why?
Sell you things That’s the business we are in
Provide customer service and support, and handle returns This is what you have come to expect from us
Finding out what you and other customers like To ensure we are giving you what you want and to stay ahead of the competition
Information about your phone or laptop, and how you use our websites and apps
How we use information about your phone or laptop, and how you use our websites and apps Why?
Improve our website and set default options for you (such as language and currency) To give you the best possible shopping experience
Protect our website To prevent and detect fraud against either you or Shoptiques.com and to meet our legal obligations about looking after your data
Information from accounts you link to us - What we do if you link your Facebook account to us
How we use information from accounts you link to us Why?
To enable you to log into our website simply and easily without having to create a specific account To make it easier for you to use Shoptiques.com and purchase those items you want
To provide product recommendations So you can quickly spot things which you like
Your responses to surveys, competitions and promotions
How we use your responses to surveys, competitions and promotions Why?
Run the survey, competition or promotion We need to use this information to select a winner. If we can’t use your entry, you can’t possibly win!
You don’t have to give us any of this personal information! If you don’t provide this information, however, you may not be able to buy from the site, and you are unlikely to receive our best customer experience. But that is your choice and we respect that. We also anonymize and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving our site and app, and developing new products and services. We also share this information with third parties.
Sharing your information: We do not, and will not, sell any of your personal data to any third party, including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that. However, we share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement: companies in the Shoptiques, Inc. group, such as the boutiques that are on our platform, as sometimes different bits of our group are responsible for different activities; companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers, and delivery companies; professional service providers, such as marketing agencies, advertising partners and website hosts, who help us run our business; credit reference agencies, law enforcement and fraud prevention agencies, companies approved by you, such as social media sites, marketplace sellers and Stripe or PayPal. We may provide third parties with aggregated but anonymized information and analytics about our customers and, before we do so, we will make sure that it does not identify you.
How we use your information: If you have said we can, we’ll send you marketing messages by email or SMS (short message service), to keep you aware of what we’re up to and to help you see and find our products.
How to stop marketing messages from Shoptiques.com: through your account settings by clicking on the ‘unsubscribe’ link in any email or by contacting our customer service at support@shoptiques.com. Once you do this, we will update your profile to ensure that you don’t receive further marketing messages. Please note that as Shoptiques comprises a complex web of many inter-connecting services, it might take a few days for all our systems to be updated, so you might get messages from us while we process your request. Stopping marketing messages will not stop service communications.
Seeing advertisements for Shoptiques.com online: We also engage in online advertising, also to keep you aware of what we’re up to and to help you see and find our products. Like many other companies we target Shoptiques (& Shopkids) banners and ads to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies and mobile identifiers, as well as specific services offered by some sites and social networks. The banners and ads you see will be based on information we hold about you, or your previous use of Shoptiques (or Shopkids) (for example, your Shoptiques search history, and the content you read on Shoptiques) or on Shoptiques banners or ads you have previously clicked on.
Your information and countries outside Europe: The USA is not a country in respect of which there is a European Commission decision of adequacy, and we protect your privacy and your rights through the use of the European Commission’s standard data protection clauses. More information about these is available here http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087.
Keeping your information: We’ll hold on to your information for as long as you have your account, or as long as is needed to be able to provide the services to you, or (in the case of any contact you may have with our customer service team) for as long as is necessary to provide support-related reporting and trend analysis only. If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account, or it is no longer needed to provide the services to you.
Your rights: You have a lot of rights relating to your personal information: the right to be informed about how your personal information is being used; the right to access the personal information we hold about you; the right to request the correction of inaccurate personal information we hold about you; the right to request that we delete your data, or stop processing it or collecting it, in some circumstances; the right to stop direct marketing messages and to withdraw consent for other consent-based processing at any time; the right to request we transfer or port elements of your data either to you or another service provider; the right to complain to your data protection regulator; if you want to exercise your rights, have a complaint, or just have questions, please contact us at support@shoptiques.com or privacy@shoptiques.com
Changes to how we Protect Your Privacy: We may change this page from time to time, to reflect how we are processing your data. If we make significant changes, we will make that clear on Shoptiques.com, Shopkids.com or other Shoptiques services, or by some other means of contact such as email, so that you are able to review the changes before you continue to use Shoptiques, Inc properties.
What about cookies?: We use cookies when you visit our site. There are four main types of cookies: (1) Site functionality cookies – these cookies allow you to navigate the site and use our features, such as “Add to Bag” and “Lovebox”; (2) Site analytics cookies – these cookies allow us to measure and analyze how our customers use the site, to improve both its functionality and your shopping experience; (3) Customer preference cookies – when you are browsing or shopping on Shoptiques.com, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you; (4) Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future.
Legal Purchase Age: If you are under 18, we require that you inform a parent or guardian about Shoptiques Inc.’s Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering with Shoptiques.com or placing an order with Shoptiques.com.
International Data Transfer: Shoptiques is a global organization, and some of your data may be transferred internationally. Although data protection laws of various countries may differ from your own, we will take appropriate steps to ensure that your personal information is handled as described in this statement and in accordance with the law.
Your California Privacy Rights: As provided by California Civil Code Section 1798.83, a California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right. Except as expressly stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party that is participating in some activity describes on our site. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific activity, as we do not share information with any third party on a continual basis. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on our site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California customers may request further information about our compliance with this law by emailing CaliforniaPrivacy@shoptiques.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
Business Transfer: In the event that Shoptiques, Inc., any entity or business unit in the Shoptiques Inc. group of companies, or any of their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, your personal information may be one of the transferred assets. The terms of this Privacy Policy will continue to apply to your Personal Information that is transferred to the new entity.
Modification and Notification of Changes: Shoptiques, Inc. may at our sole discretion edit this Privacy Policy. If, and only if, we make a material modification to this Privacy Policy, it will notify you as follows:
a. sending an email to the address associated with your account. Shoptiques, Inc. is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add shoptiques.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
b. displaying a prominent announcement above the text of this Privacy Policy for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the Privacy Policy. If you have not used the Site for more than 30 days, you should check Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@shoptiques.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Privacy Policy, as relevant.
Your consent: By visiting shoptiques.com and/or shopkids.com, or downloading our apps: Shoptiques and/or Shopkids on the AppStore, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.
Historical Modifications:
10/1/2011 Original Privacy Policy Posted.
5/24/18 This Current Version Posted.
How to contact us: We always want to hear from our customers (especially if you feel we’ve let you down or could do better). If you have any questions or feedback about this notice, or would like us to stop using your information, or want to exercise any of your rights as set out above or have a complaint please don’t hesitate to contact our customer service team at support@shoptiques.com, who will be happy to answer any questions you may have. You can contact our privacy team by dropping us a line at privacy@shoptiques.com. Or if you’d like to, you can write to us at: Shoptiques, Inc., 41 East 11th Street 11th Floor New York, NY 10003, Attn: Chief Operating Officer or Chief Executive Officer.