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Upon completion of your registration on the Site, you will receive by email a confirmation that your online registration was successful and summary of your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Gabriela Hearst will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Gabriela Hearst or its third party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
2. General Restrictions on Use
You agree not to (and not to attempt to):
- a) Access any of the Services by any means other than through the interface that is provided by Company;
- b) Gain unauthorized access to Company's computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Site or the Services;
- c) Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- e) Engage in any activity that interferes with, modifies, alters or disrupts the Site or the Services (or the servers and networks which are connected to the Services);
- f) Reproduce, duplicate, copy, sell, trade or resell any aspect of the Site or the Services for any purpose;
- g) Remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or the Services;
- h) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Company in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Certain features of the Site may allow you to contribute other materials and information for access, use, viewing and commentary by other users to the Site (collectively, "Comments"). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Company, you grant Company a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
4. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Content or Comments and that you may not rely on such Site Content or Comments.
5. Disclaimers and Warranties
The Site and Services are provided "as is" and Company makes no warranty or representation of any kind to you with respect to them. You understand and acknowledge that you use the Site and the Services at your own risk.
Company makes no warranties, whether express or implied, in relation to: (a) the accuracy, reliability or completeness of any information placed on the Site or in advertisements; or (b) any transactions that may be conducted on or through the Site including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement; the security, accuracy, reliability, timeliness and performance of the Site.
You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Company assumes no responsibility for: (x) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (y) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person's computer related to or resulting from use of the Services or the Site.
6. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COMPANY AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that Company shall not be liable to you for:
- a) Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
- b) Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that Company may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.
The limitations on Company's liability to you in this Paragraph 7 shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising.
8. Links To Other Sites
9. Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Company through the Contact Us form with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
Rights Not Waived
Jurisdiction and Governing Law
The Site is controlled and operated from within the United States. Without limiting anything else, Company makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
Last Updated: May 5, 2015
Effective Date: August 10th, 2018
Your privacy is a priority for the Gabriela Hearst website, operated by Gabriela Hearst (hereinafter referred to as “Gabriela Hearst,” “us,” or “we”), located at www.gabrielahearst.com (hereinafter referred to as the “Site”), and we want you to be familiar with how we collect, use, and disclose information relating to you, your computer, or your device and that enable your identification (“Personal Information”). This Privacy Statement describes our practices with information that we (or our service providers) collect from a user (sometimes referred to as “you” or “your”) through the Site. This Privacy Statement does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.
This Privacy Statement is incorporated into Gabriela Hearst’s Terms and Conditions www.gabrielahearst.com/legal.html by reference, as if set forth fully therein. By using the Site, you agree and consent to the Terms and Conditions and this Privacy Statement.
Gabriela Hearst can be contacted at firstname.lastname@example.org.
1. Collection of Personal Information From Users
When you interact with us through the Site, we may collect information from you as described below.
a. Information you provide
We collect Personal Information that you knowingly choose to submit through the Site in order to benefit from specified features, place orders for retail items, or participate in certain activities, such as information that you knowingly provide when you contact us through the “Contact Us” or “Create an Account” portions of the Site. For example, if you order and purchase a Gabriela Hearst retail item, you may provide us with information such as your name, telephone number, and email address.
We may combine information you submit through the Site with other information we have collected from you, whether on-line or off-line. We treat the combined information in accordance with this Privacy Statement.
b. Passive Information Collection, Use, and Choices
Also, as you navigate the Site, certain Personal Information may be passively collected, meaning it is gathered without your actively providing it. This is done using the following techniques in the following ways:
- IP Addresses: An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Site, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what geographic regions our website visitors come. We also may use this information to enhance our Site.
- Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version screen resolution, and Internet browser type and version.
Session. Used to prevent cross-site request forgery attacks.
Persistent. Used to limit the number of requests that have to be made to doubleclick.net.
Persistent. Zarget platform for A/B Testing.
Persistent. Used to distinguish users.
Persistent. Used to distinguish users.
Session. Used to determine the identity of the last category visited.
Session. Used to determine whether or not the user has visited a clothing category.
Session. Distinguish cart sessions between concurrent users.
Persistent. Used to repopulate a user’s cart if they leave the site and come back later.
You can visit https://tools.google.com/dlpage/gaoptout for information on how to opt out of Google Analytics cookies.
You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies.
We do not track your behavior across third party websites. Our Site currently does not respond to “Do Not Track” (DNT) signals and we operate as described in this Privacy Statement whether or not a DNT signal is received, as there is no consistent industry standard for compliance.
c. Sensitive Information
We ask that you not send or otherwise disclose to us through the Site your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership. Where you provide us with such information, we reserve the right to erase any such information at our discretion.
d. Information About Minors
The Site is not intended for persons under the age of 18. We do not knowingly collect Personal Information online from persons in this age group. We reserve the right to delete any information identified as having been provided by such persons at our discretion.
2. How We Use the Information We Collect
We use Personal Information submitted by you or otherwise collected through the Site and through other sources for the purposes described in this Privacy Statement and as otherwise described to you at the point of collection. Generally, we use the information you provide to us for the reason for which it was provided. For example, if you sign up for our mailing list, we will contact you by email. Specifically, we may use Personal Information from or about you:
i. to respond to your inquiries and fulfill your requests;
ii. to fulfill and manage purchases, orders, payments, returns/exchanges, or requests for information, or to otherwise serve you;
iii. if you provide Personal Information in order to obtain access to or use the functionality of a part of the Site, we will use your Personal Information to provide you with such access or functionality;
iv. to send you important information regarding our relationship with you or regarding the Site, changes to our terms, conditions, and policies, and other administrative information;
v. to notify you about upcoming events that may be of interest to you;
vi. to promote our services, and the services of our affiliates; and
vii. for our business purposes, such as data analysis, audits, recordkeeping, developing new products or services, enhancing the Site, improving our services, identifying Site usage trends, and personalizing your experience on the Site.
We may use any information that does not personally identify you, your computer, or your device, for any purpose.
3. Our Disclosure of Your Information
Gabriela Hearst does not sell your Personal Information. We may share your Personal Information with third parties only as described in this Privacy Statement or as otherwise described at the point where we collect the information from you, including:
i. to our affiliates for the purposes described in this Privacy Statement; or
ii. to the companies or individuals that we hire to provide services to us, such as website hosting services; and
iii. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
4. Uses and Disclosures to Comply with Laws
In addition, we use and disclose Personal Information collected through the Site as we believe to be necessary or appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.
5. Links to Third Party Sites
6. Where Your Information is Processed
Gabriela Hearst is based in the United States. No matter where you are located, you consent to the processing and transfer of your Personal Information in and to the United States and other countries. The laws of the United States and other countries governing data protection may not be as comprehensive or as protective as the laws in the country where you live.
Gabriela Hearst will take reasonable steps to protect the information collected and provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, you should understand that no transmission over the Internet is ever fully secure. Also, Gabriela Hearst uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Gabriela Hearst will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Gabriela Hearst shall not be liable to you for any modification, suspension or discontinuance of the Site.
8. Data Retention
We generally retain Personal Information for so long as it may be relevant for the purposes identified in this Privacy Statement or at the time the information is collected, unless a longer period of time is required by law.
9. Lawful Bases for Processing Your Personal Information
The laws in some countries require us to tell you about the lawful grounds we rely on to collect, use, disclose, and otherwise process your Personal Information. To the extent those laws apply, our lawful bases for processing your Personal Information are:
i. To enter into and perform a contract with you: We may process Personal Information to meet our contractual obligations to you, or to take steps in anticipation of entering into a contract. For example, we process Personal Information on this basis to create an account or process retail orders.
ii. To comply with a legal obligation: We need to use and disclose Personal Information in certain ways to comply with our legal obligations.
iii. For our legitimate interests, where those interests are not overridden by your fundamental rights and freedoms: In many cases, we handle Personal Information because it furthers our legitimate business interests. This includes:
- - Providing a safe user experience on our Site;
- - Customer service;
- - Sending communications to you to let you know about information you have told us is important to you;
- - Protecting users, our workers, and our property;
- - Analyzing and improving our operations (e.g., optimizing the design and operation of our Site); and,
- - Managing legal issues.
iv. With your consent: Where permitted by law, we handle Personal Information on the basis of your implied or express consent.
Also, this Privacy Statement is issued on behalf of Gabriela Hearst as controller of your Personal Information under applicable data protection laws. A “controller” is the person or organization who alone or jointly determines the purposes for which, and the manner in which, any Personal Information is, or is likely to be, processed.
10. Your Data Rights and Choices
You can unsubscribe from certain emails by clicking on the “unsubscribe” link they contain. You can opt-out of the use of certain cookie-related processing by following the instructions in Section 1(b) above (Passive Information Collection, Use, and Choices).
The laws in some countries may give you particular rights with respect to your Personal Information, including the right to access the Personal Information that we maintain, and the right to object to certain processing of Personal Information by Gabriela Hearst. If you would like to submit a data access, correction, restriction, or deletion request, or if you would like to object to certain processing, you can do so by contacting us by email at email@example.com and we will process such request with respect to any Personal Information that we are able to link to you individually based on the information that you can provide to us. These rights and options that you have with respect to Personal Information are subject to limitations and exceptions under applicable law. In addition to those rights, if you live in certain jurisdictions, you have the right to submit a complaint to your relevant supervisory authority. However, we encourage you to contact us first by emailing firstname.lastname@example.org and we will try to resolve your concerns.
11. Right to Change Privacy Statement
Gabriela Hearst reserves the right at any time to modify, alter, or update this Privacy Statement. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Statement as changed, subject to limitations under applicable law. Any change to this Privacy Statement shall be effective as to any user who has visited the Site before the change was made. Please review this policy periodically, and especially before you provide any Personal Information to us. The Privacy Statement was last updated on the date indicated above.
12. Contacting Us
Please feel free to contact us if you have any questions or concerns about this Privacy Statement or our information practices. You may contact us as follows: