1. U.S. – EU Safe Harbor Privacy Statement
For personal information of consumers that ESCADA receives from the European Economic Area, ESCADA has committed to handling such personal information in accordance with the U.S. – EU Safe Harbor Principles. ESCADA’s Safe Harbor certification can be found at http://safeharbor.export.gov/list.aspx. For more information about the Safe Harbor Principles, please visit http://export.gov/safeharbor/.
2. Collection of Information
We collect the following information from our customers who visit our Site or our stores:
(1) Personal Information, which is information that specifically identifies an individual (such as first and last name or email address).
(2) Non-Personal Information, such as your IP address, or data that is collected via cookies, web beacons or other technical mechanisms. This information does not identify you personally, but it may provide us with information about your interests and the web sites, products or services that you view. Please note that you may set your browser not to accept cookies, or to warn you when a cookie is being placed on your computer. If you choose not to accept cookies, however, your ability to navigate the Site may be hindered.
(3) We may also tie this non-personal information with personal information in order to provide you with better recommendations, help authenticate you or other data or information you may provide, prevent fraud, and ensure that the Site or our services meet your needs.
(4) Aggregate Data, which is non-personal information that may be collected about a group, a category of services or users. Aggregate data helps us understand trends in our users' needs so that we can improve or tailor our products and services. For example, we may collect data about the searching habits of residents of a particular state or country, without tying this data to any specific personal information about those residents.
(5) Demographic Information, which may be your gender, age, zip code and interests, which we may obtain from you, or from other third parties. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by ESCADA meets your needs. For example, we may serve you with an advertisement based on the content you view while on our Site.
(6) Geolocation Data, which is your location if you choose to allow ESCADA to track your location or if your personal or non-personal information indicates a certain geographic location. This information may help us provide recommendations to you based on your location, serve you with advertisements or direct you to a product or service that we believe may be of interest to you and that is marketed to people near your location.
We may collect this information from you in the following instances:
We may collect your first and last name, mailing address, phone number, email address and credit card information if you make a purchase from us, although we note that ESCADA processes credit card payments through a third party service provider and does not save any credit card information;
We may collect your email address, and first and last name if you sign-up with ESCADA;
We may collect your email address if you contact us with a question;
We may collect aggregate data or demographic information from you if you use our services, visit our stores or the Site;
We may collect geolocation data from users who visit the Site via their mobile device, download an application provided by us, or otherwise provide us with such data at the time of purchase; and
We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes.
The above list provides an example of the personal information that may be collected by ESCADA. If you do not want ESCADA to collect your information, please do not provide it to us.
3. Use of Information
We collect the following information from our customers who visit our Site or our stores:
To keep track of any purchase made by you, or to otherwise deliver products that you purchase;
To alert you to special offers, updated information and other new services from ESCADA, or other third parties, or to forward promotional materials;
To complete a transaction or service requested by you;
To market products or services that we believe may be of interest to you, or which may be available in your area of residence;
To conduct marketing analysis and deliver you with content or features that we believe may assist you or otherwise be of interest to you;
To tie your personal information to your non-personal information or demographic information in order to provide you with recommendations for products or services that are based on your interests, your age or your location;
To fulfill the terms of a promotion;
To ensure the Site and our services are relevant to your needs;
To help us create and publish content most relevant to you;
To administer our Site, or anticipate and resolve problems with the Site;
To allow you access to limited-entry areas of the Site; and
To contact you in response to sign-up forms such as Contact Us or if you inquire about the status of an order.
4. Sharing and Disclosure of Information
(1) Personal Information
We may share or disclose your personal information in the following instances:
(i) To fulfill a service to you. For example, if you place an order for an item from ESCADA, we may share your personal information to process your order. In addition, if you email us a question, we may use your email address to process your request and respond to your question. We also may share your information to provide you with other services, such as personal shopping services, loyalty programs or other offers, campaigns or programs that require the use of third party contractors, agents or vendors. For example, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion. When we share your information with these parties, we seek to ensure that the party with whom we share the information will maintain it securely and in accordance with the applicable laws.
(ii) To affiliates, strategic partners, agents, third-party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal or non-personal information, including any aggregate data, demographic information or geolocation data for research, administrative and/or internal business purposes. These parties may use this information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. When we share your information with these parties, we seek to ensure that the party with whom we share the information will maintain it securely and in accordance with the applicable laws. If you do not want us to share your personal information in this manner, please do not provide us with this information.
(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and/or provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on ESCADA's behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers will have access to users' personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
(iv) To complete your purchase. If you choose to make a purchase, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of ESCADA, or act in urgent circumstances to protect the personal safety of our end users.
(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
(viii) To protect against potential fraud, we may verify with third parties the information collected from you. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
(b) Corporate Disclosures
(2) Non-Personal Information
We use non-personal information in the manner disclosed above, in Section A (2). We may share this non-personal information with third parties, and we also may combine it with personal information in some instances.
5. Online Tracking
ESCADA will not place tracking cookies on any computer where the browser provides a “do-not-track” signal.
(1) Personal Information
We may send you communications or data regarding our services, including but not limited to (i) notices about your use of the Site, including any notices concerning violations of use, (ii) updates, and (iii) information or materials regarding transactions, products and/or services purchased or selected by you. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. By using and/or registering with ESCADA and/or the Site, you agree to receive this type of communication from us. To remove yourself from our email list, please email [email protected]
Note however, that some email messages may be more commercial in nature, as they may advertise a feature of our Site or services, a product or service we believe that you may be interested in, or otherwise discuss a marketing campaign or promotion offered by ESCADA. We give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in the message.
If you give us your cell phone number, we may ask you to sign-up for our text message program. By providing your mobile phone number and signing up for our text message program, you hereby consent to receive autodialed and/or pre-recorded telemarketing calls from or on behalf of us at the mobile number that you provide at sign-up. You understand that consent to receiving messages on your mobile device is not a condition of purchase. Additionally, should you choose to “unsubscribe” or stop receiving such messages, you can contact us directly at [email protected] or reply with the message “STOP” to a message after it is received. You hereby consent to receiving a confirmatory message in response to your STOP request. Message and data rates may apply.
(2) Third Party Advertising
We may work with advertisers, third party ad networks, and other advertising companies to serve targeted advertisements on our behalf on the Site or on third party websites. Please be advised that such advertising companies may gather information about your visit to the Site or other sites (such as through cookies, web beacons and other technologies) to enable such companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
7. User-Generated Content and Public Posting Areas
Please note that any information that you post to or submit through the Site, whether as a comment, blog post, in a public forum, or in any other public posting area, is available to anyone with Internet access. If you do not want people to know your e-mail address, for example, don't include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN COMMENTS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN THESE PUBLIC POSTING AREAS.
8. International Transfer of Information
If you choose to provide us with information, ESCADA may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection laws as the EU and by providing your personally identifiable information you consent to:
ii. the transfer of your personally identifiable information to the United States as indicated above.
9. Third Party Web Sites
The Site may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal and non-personal information that we collected from you.
We maintain your personal information only as long as needed for the purposes for which it is collected, or as permitted by law. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to ESCADA is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our services. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
13. Special Policy Regarding Information from Children Under Thirteen
We are not targeted to children under the age of 13, and we do not knowingly collect personally identifiable information from any child under the age of 13 without parental consent. If we become aware that such data has been collected, we will delete it.
15. Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding ESCADA's disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via e-mail at [email protected] or via phone at 1-800-869-8424.
ESCADA will conduct periodic assessments to confirm the accuracy of, and verify its adherence to, this policy. ESCADA will investigate suspected infractions. Any employee that ESCADA determines to be in violation of this policy may be subject to disciplinary action, which may include termination of employment, subject to and in accordance with applicable law.
17. Accuracy & Access
ESCADA will only process personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by you and ESCADA aims to ensure that the personal information we maintain about you is accurate. To verify, review, or edit your personal information please log-in to your account on the Site or contact ESCADA at [email protected]
18. Contact Information
Questions, comments or complaints regarding ESCADA’s Safe Harbor Policy or data collection and use practices can be mailed or emailed to:
ESCADA Online US LLC
Attn: Suzanne Humbert
26 Main Street, Suite 101
Chatham, NJ, 07928
USA E-Mail: [email protected]
Effective Date: January 1st 2014
Last Updated: May 23rd, 2016