LAST REVISED: JANUARY 2019
TYPES OF INFORMATION COLLECTED
We may collect personal information from you including, without limitation, your first and last name, birth date, email address, age, shopping interests and preferences, company, job title, home and business addresses, telephone number, password, credit or debit account number, shipping address, and other nonpublic information.
We may also collect other information about your use of the Site such as your IP address, usage statistics, browsing history, type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer) and the domain name of your internet service provider.
HOW WE COLLECT INFORMATION
We may collect personal information from your when you (1) sign up, access and use a personal shopping account on the Site (the “Account”); (2) sign up, access and use a subscription service (“Subscription”) (3) make purchases and place orders on the Site; (4) sign up to receive announcements, newsletters or emails from Byronesque, and (5) communicate with Byronesque, including customer service, via email or through the Site.
Byronesque automatically receives and records nonpersonal information on our server logs from your browser as well as through other analysis of the Site. We may also collect information using cookies, web beacons or similar technologies, or through third parties using similar technologies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember when you return to our Site. Cookies also hold information the Site may need to personalize/enhance your experience and to gather statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider’s domain name and the addresses of the websites visited immediately before coming to and immediately after leaving the Site. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets Byronesque trace your ‘clicktstream’ activity (the paths taken by visitors to our site as they move from page to page). This enables us to better serve our customers by revealing which portions of our Site are most popular. You can always disable cookies on your browser.
You have the opportunity to sign up for a paid subscription. To sign up for a subscription, you must provide personal information, including a credit or debit card number, your name and your billing address. By submitting this information, you are also authorizing Byronesque to store such information until such time at which you elect to change or delete it.
There are two types of subscriptions: (1) Membership, and (2) The Back Room. A membership subscription provides you with access to exclusive editorial content, first look on new offered, private sales and a personal shopper service. A subscription to The Back Room is a paid service offered to designers, which supplies access to exclusive editorial content for designers, the opportunity to learn more about our retailers’ unique vintage items, first look on new offered items and a personal shopper service.
If you ever use a public computer to log in to your account or subscription, we strongly encourage you to log out at the end of your session. When you register for an account or subscription and each time you access your account or subscription, you agree to (1) log out at the end of each session; (2) keep your password confidential and not share it with anyone else; and (3) immediately notify Byronesque of any unauthorized use of your password or account or any other breach of security. Byronesque is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with the foregoing.
When you create an account or subscription with Byronesque.com, you will be given the option to be added to the Byronesque email list. If you select this option, you authorize Byronesque to transmit email to you to alert you to new features, special events, retail provider information, new products or services, programs, announcements or newsletters. Unsubscribe instructions are included in each email from Byronesque. Please note that such requests may take up to ten (10) days to become effective. You may not opt out of receiving communications regarding your dealings with the Site or technical information about the Site.
If you contact customer service, we may ask for additional information, such as your age, interests or product preferences.
USE OF YOUR PERSONAL INFORMATION
We use the information we collect:
to process and respond to your inquiries
for the purposes for which you provided the information
to identify your product and service preferences, so we can notify you of new or additional products, services and member benefits that might be of interest to you
to analyze our users’ demographics and interests
for administration and improvement of the Site
to improve our editorial content, merchandise selections, customer service and overall experience
to communicate with you by email, postal mail, telephone or other means
for fraud prevention, internal operations, legal compliance and other public purposes
to enforce the Terms & Conditions
WHEN WE SHARE YOUR INFORMATION
We also may use and share nonpersonally identifiable information with third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with third parties, advertisers and/or business partners in order to analyze Site usage, demographics or interests, improve our products or services, improve our user experience or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
Compliance with Law: We also may share your information when in response to a subpoena, legal order or official request, when we believe you have acted in violation of the terms, to cooperate with police investigations or other legal proceedings, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or exercise legal rights or defend against claims, to protect against misuse or unauthorized use of our Site, to limit our legal liability and protect our rights, to protect the rights, property or safety of Byronesque or others, or as otherwise permitted or required by law.
SECURITY OF YOUR INFORMATION
Byronesque uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personal information, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via email. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information.
We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders made on the Site. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our site, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our site. Once you’ve entered, the page address (URL) will change from http to https, to let you know you are in a secure area. You will remain in this secure zone for the entire checkout process.
Unfortunately, despite our best efforts, the transmission of data over the internet cannot be guaranteed to be 100% secure. While we use reasonable means to ensure the security of information you transmit to us, we cannot guarantee that third parties will not intercept such information. Any such transmission is at your own risk.
The Site is intended for use by individuals over the age of 18 and not for children. Byronesque does not knowingly collect information from children under 18 on the Site. If you are under 18, you should not submit any personally identifiable information on the Site.
NOTICE OF PRIVACY RIGHTS OF CALIFORNIA RESIDENTS
If you are a California resident and have provided personal information to Byronesque, you are entitled by law to request certain information regarding any disclosure that may have been made by Byronesque to third parties of personal information for their direct marketing purposes. To make such a request, send an email to email@example.com specifying that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. Byronesque is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above email address.
We will not share your personal information with third parties for their direct marketing purposes.
When contacting us, please indicate your name, address, email address and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.
LAST REVISED: JANUARY 2019
These terms may be revised or updated from time to time. Accordingly, you should check the terms regularly for updates. You can determine when the terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current terms. Any material changes in these terms take effect upon posting and apply only to use of the Site and information collected from you on and after last revised date, unless we provide notice or have other communications with you.
The content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials, including the look and feel of the Site (the “content”) is the sole and exclusive property of Byronesque, its licensors, contributors, retail partners, designers or other content providers (collectively, “content providers”). The content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any content. Any use of the Site or content in any way not expressly permitted by these terms is prohibited, and may be actionable under United States or international law.
You acknowledge and agree that, as between Byronesque and you, all right, title, and interest in and to the Site and the content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Byronesque or its content providers and are protected by United States intellectual property and other applicable laws. We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at Editorial@Byronesque.com.
Copyright: All content is the copyright and property of Byronesque or its content providers and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, upload, resell, exploit, rent, publicly display or perform, edit, adapt or create a derivative work of any portion of the Site or the content, for any purpose, other than as expressly authorized by Byronesque in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Byronesque or its content providers. Without limitation, BYRONESQUE® is a trademark registered in the United States Patent and Trademark Office owned by Byronesque, Ltd. Any names or trademarks that appear on the Site are the property of their respective owners, and do not constitute or imply affiliation, endorsement or recommendation by Byronesque of the other parties, or by the other parties of Byronesque. Authenticity: The vintage items we sell have been researched and authenticated by our team of fashion historians prior to being sold on the site. To the best of our knowledge all designer items are authentic and all items are 20 years or older. If you believe that an item you have purchased is not authentic or has been misattributed, please contact us at customerservice@Byronesque.com.
The Site may contain viewpoints, opinions and statements of third parties, collaborators and other organizations. Byronesque does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.
The Site is directed to persons 18 years of age or older. Some content on the Site may contain adult language or material and be unsuitable for persons under the age of 18. Byronesque does not knowingly collect information from children under age 18. If you provide information to the Site, you represent and warrant to Byronesque that you are 18 years of age or older.
If you are a parent or guardian and believe Byronesque may have inadvertently collected personal information from your child under age 18, please notify Byronesque immediately by sending an email to firstname.lastname@example.org detailing the basis of your belief and your request.
LINKS TO OTHER WEBSITES
The Site contains advertisements, postings and links to other websites operated by third parties. Byronesque provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Such advertisements, postings, links or references to other parties’ products, services or websites do not imply endorsement of these websites, products or services. The advertisements, postings and linked sites are not under the control of Byronesque and we have no control over, or responsibility for, their content or privacy practices. Byronesque disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Byronesque is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.
Except for information necessary to place an order, do not send to us any confidential or proprietary information. Any information, materials, suggestions, ideas or comments sent to us will be considered nonconfidential, and, by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BYRONESQUE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.
BYRONESQUE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYRONESQUE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF BYRONESQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold Byronesque, its affiliates and their respective directors, officers, employees, representatives, successors, agents, subsidiaries, licensors, licensees, service providers, advertisers and others acting in concert with them, harmless from and against any loss, liability, claim, or demand, including without limitation reasonable attorneys' fees, made by your or on your behalf or by any third party due to or arising out of (1) your use or reliance on the Site or any content, products or services, your dealings in connection with the Site; (2) your violation of these terms, any applicable laws, or the rights of Byronesque, its content providers, or any third party; and (3) any activity related to your personal shopping account on the Site, or any other person accessing the Site using your personal shopping account.
MODIFICATION, SUSPENSION AND TERMINATION
Byronesque reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the website or content, or your access to the website or content, or any portion thereof, for any reason, including without limitation any breach by you of these terms, with or without notice. You agree that Byronesque will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Notice Required by California Law: Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is Byronesque.com Ltd, 177 Ludlow Street, New York, New York, 10002. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
GOVERNING LAW AND DISPUTES
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Byronesque does not represent that the Site or content are appropriate outside the United States of America. Byronesque reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.