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Effective Date: 1 December 2017

Thank you for visiting the website of Oscar Winter US LLC (“Oscar Winter,” “we,” “us,” or “our”). This Privacy Policy applies to any Oscar Winter website, mobile application, software, or other online or mobile service (collectively, the “Services”) that links to this Privacy Policy. This Privacy Policy applies to the Oscar Winter US LLC operations, and not to the operations or services of any related entities, including Oscar Winter Pty Ltd.

By using the Services, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. Modifications or changes to the Privacy Policy will be reflected in the most current Privacy Policy, which is available on the Services. We reserve the right to modify this Privacy Policy at any time, so we encourage you to review it frequently. If we make a material change to this Privacy Policy, we will notify you as required by law. Your continued use of the Services following any changes signifies your acceptance of our Privacy Policy as modified.

1. The Information We Collect

We collect information about you through the following means:

a. Information You Provide

We collect a variety of information that you provide directly to us, including any information that may be contained in comments or questions you submit to the Services. Oscar Winter may collect information from you in the context of:

  • Processing your orders;
  • Account registration and administration of your user account;
  • Requests or questions you submit to us via forms or email, including for customer support and technical assistance;
  • Your communications and dealings with us (including on our websites, on third-party social medial sites, and by email);
  • Providing updates to you regarding your Oscar Winter jewelry or other products;
  • Employment applications;
  • Newsletter subscriptions;
  • Uploads or posts to the Services; and
  • Other uses of the Services where information is requested for use and/or purchase.

While some of the Services may not require you to provide any information to us, the specific types of information we collect will depend upon the Services you use, how you use them, and what you choose to provide. The types of data we collect directly from you may include:

  • Name, mailing address, telephone number, email address;
  • Log-in details and password;
  • Billing information, such as a shipping address, credit or debit card number, verification number, and expiration date; and
  • Information about items in your shopping cart, purchases, or other transactions with us.

If you request that your Oscar Winter purchase be shipped to someone other than yourself (such as a gift recipient), we may also collect and use the recipient’s information as described in this Privacy Policy. By submitting information about someone other than yourself, you represent that you are entitled to provide us with that person’s information for the purposes identified in this Privacy Policy.

b. Information We Automatically Collect

When you use our Services that connect to the Internet, including when you access the Services via our websites and any mobile applications or through your user account, we may collect certain information as described below. As discussed further below, we and our third party analytics providers may use a variety of technologies, including cookies and similar tools, to assist in collecting this information. As described further below, we may use such information to improve our Services, troubleshoot bugs, provide and manage the Services, for security and monitoring purposes, tracking and analyzing usage, providing content for referring traffic sources and improving overall performance of the Services.

When you use our websites, we may collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services and upload or post content, error logs, and other similar information.

c. Information from Third-Party Social Media Sites

If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This may include your name, gender, profile picture, your “likes” and check-ins, and your list of friends, depending on your settings on such services. If you do not wish to have this information shared, do not use a social networking connection to access the Services. For a description on how social networking sites handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.  

When you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

d. Information from Other Third-Party Sources

Oscar Winter may receive additional information about you, such as demographic information, from affiliates under common ownership and control, and from third parties, such as business partners, marketers, researchers, and other parties that we may use to supplement the information that we collect directly from you.

2. Cookies and Similar Technologies

To collect the information in the “Information We Automatically Collect” section above, we and our service providers may use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. A web server log is a file where website activity is stored.  An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Services. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather information through other methods.

 Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari).

You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe's website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services. For example, to complete a purchase on our websites, you will need to accept cookies sent by our sites. If you choose not to accept our cookies, please call us at +1 888-672-2720 to place your order by phone.

3. Online Analytics and Advertising

a. Analytics

We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research or reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Similar Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. We may also use Adobe Analytics to analyze and optimize the performance of our websites, advertising, and content. To learn more about Adobe’s privacy practices and to make choices regarding Adobe’s tracking activities, please click here.

If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains.  This data allows us to gauge the effectiveness of our communications and marketing campaigns.

b. Online Advertising

We do not serve third-party ads to you while using the Services. However, we do work with website analytics and advertising partners, including Google, Doubleclick Campaign Manager, and Facebook, to deliver Oscar Winter ads on third party publisher websites, and these partners may set cookies on your computer's web browser. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.

We may also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on the Services, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We may provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to target or “retarget” you with ads when you visit other websites and mobile applications. (You may opt out of many of these service providers as described in the next paragraph.)  

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below. You may receive tailored advertising on your computer through a web browser. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.  We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

c. Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. To learn more about Do Not Track, you can do so here.

4. How We Use Your Information

We use your information (including any information that we collect, as described in this Privacy Policy) for various purposes, including but not limited to: 

  • Complete a purchase or provide the services you have requested;
  • Respond to your request for information;
  • Provide you with product information about products you have purchased from us;
  • Provide you with more effective and efficient customer service;
  • Contact you regarding our products, services, and other information that we think may be of interest to you;
  • Customize the content on the Services;
  • Improve the Services and other products and services we may offer;
  • Engage in analysis, marketing research, and reports regarding use of our Services;
  • Provide security and monitoring, and address technical issues and bugs; and
  • Enforce legal agreements, including our Customer Terms and this Privacy Policy.

We may also combine information we collect from the Services with information we receive from third parties, and we may use such combined information in accordance with this Policy.

We may aggregate and/or de-identify information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

5. How We Share Your Information

We may share your information in the following ways:

  • Affiliates and Subsidiaries. We may share your information with any of our affiliates and subsidiaries, including Oscar Winter Pty Ltd.
  • Service Providers. We use third party service providers to offer or facilitate services on our behalf, such as a shipping company to fulfill orders, a credit card processing company to bill you for goods and services, and an email service provider to send out emails on our behalf. When you order products from Oscar Winter, we will share your information as necessary for such third party services providers to provide the applicable service to us or on our behalf.
  • Protection of Oscar Winter and Others. By using the Services, you acknowledge, consent and agree that we may access, preserve and disclose your information, including, but not limited to, any user content, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., a subpoena or court order); (b) enforce our Customer Terms and Conditions, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Oscar Winter, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
  • Business Transfers. As we continue to develop our business, we may buy, merge or partner with other companies. In such transactions, (including in contemplation of such transactions, e.g., during due diligence) user information may be among the transferred assets.
  • Aggregate/De-Identified Information. We may share Aggregate/De-Identified Information about use of the Services, such as by publishing a report on usage trends. This Policy places no limitations on our use or sharing of Aggregate/De-Identified Information.
  • Consent. We may also disclose your information to third parties with your consent to do so.

6. Your choices

We provide you with certain choices regarding the information we collect and use. Some of your choices include:

  • Marketing Communications. You may contact us and instruct us not to use your contact information to contact you by email, postal mail or phone regarding products, services, promotions and special events that might appeal to your interests. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
  • Tailored Online Advertising. As described above, you may also opt out of cookie-based online advertising and analytics programs by following the opt-out instructions provided by our advertising and analytics partners.

7. Correcting or removing information

You may have a right under applicable data protection law to access, amend, and/or request deletion of information that we collect about you. We will honor such requests in accordance with applicable law. For more information, please contact us using the information in the Contact Info section below.

8. Third-party links and services

The Services contain links to third-party websites such as social media sites, and also contain third-party plug-ins (such as the Facebook “like” button and Twitter “follow” button). If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by Oscar Winter, Oscar Winter is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

9. Children’s Privacy

The Services are intended for general audiences and not for minors under the age of 18. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.

10. International Users

Oscar Winter US LLC operates primarily in the United States and as a result, the information we collect may be stored in the United States. By using the Services, you acknowledge and agree that your information may be transferred to, used, processed, or held by Oscar Winter in the United States and in other countries, including countries outside of your country of residence and used for the purposes set out in this Privacy Policy.

11. Change to Our Privacy Policy

We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. If we make a material change to the Privacy Policy, you will be provided with appropriate notice and we will seek your consent to the updated Privacy Policy in accordance with legal requirements.

12. How We Protect Your Information

Oscar Winter has implemented administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information based on its sensitivity. Despite our best efforts, however, no security measures are completely impenetrable. 

13. Your California Privacy Rights

California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes. However, Oscar Winter does not share your personal information with third parties for their own direct marketing purposes.

14. Oscar Winter Contact Information

If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please contact us at info@oscarwinter.com.