VENDRLY PRIVACY POLICY

(Effective Date: June 1, 2018)

 

vendrly.com, ("Vendrly", "us" or "we") have self-certified to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.

 

This Privacy Policy ("Privacy Policy" applies to the website located at forever21.com, the Vendrly mobile applications, and any other websites or applications associated with Vendrly brands or products that direct the viewer or user to this Privacy Policy (collectively, the "Sites").

 

In this Privacy Policy, the terms "Vendrly," "we," and "us" refers to Vendrly. and its respective subsidiaries and affiliated companies. The term “your device" refers to any computer, tablet, smart phone or other device you are using to access our websites or to operate the Vendrly mobile applications. Websites that are owned and operated by Vendrly may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.

 

We understand the importance that our customers place on privacy and have designed this Privacy Policy to describe our information-gathering and dissemination practices. You agree to this Privacy Policy when you: 1) access or use any Site; and/or 2) agree to receive e-mail from us. If you do not agree to this Privacy Policy, please do not use this Site.

 

This Privacy Policy went into effect on the date noted above. Please note that we reserve the right to review and update this Privacy Policy from time to time. If we make any material changes to the Privacy Policy, we will notify you by means of a general notice on the Sites prior to the change taking effect. If you use a Site after the updated Privacy Policy becomes effective, you will be deemed to have agreed to the amended Privacy Policy.

 

This Privacy Policy addresses the following:

1. Information that we collect about you.
2. Cookies and other tracking technology that we use.
3. What we do with the information that we collect.
4. With whom we share the information we collect.
5. Our opt-out policy.
6. Our policy on correcting and updating Personal Information, making a complaint about our handling of your Personal Information, and deactivation of your account.
7. California Residents
8. EU Residents
9. Miscellaneous.

 

INFORMATION THAT WE COLLECT ABOUT YOU

Information Provided by You Upon Registration. When you register for an account on a Site, we may collect the following information that allows us to identify you ("Personal Information"):

1. Name
2. E-mail address
3. Zip/Postal Code
4. Home Phone
5. Mobile Phone
6. Credit card number
7. Billing address
8. User Name

• Information Provided When You Contact Us. We may collect Personal Information that you voluntarily provide to us when you contact us with a question or comment about our products and services. We generally collect one or more of the following types of Personal Information when you contact us with a question or comment or request information from us about our products and services:
  1. Name
  2. E-mail address
  3. Phone Number
  4. Purchase Order
• Information Provided When You Shop at Our Stores. When you shop at one of our stores, we may collect Personal Information that you voluntarily provide to us before or after you make a purchase in connection with marketing activities such as signing up to our newsletter. During your purchase, we may collect the following information that allows us to process your transaction:
  1. Name
  2. E-mail address
  3. Phone Number
  4. Purchase Order
  5. Credit card number
• Information Provided When You Apply for a Job with Us. When you apply for a job with us, we may collect your name, address, phone number, email address, previous work experience, references and other personal information about your background and experience.
• Passively Collected Information. When you access our Sites, we automatically collect your computer or device’s internet protocol (IP) address and other technical information about your computer or device and website usage, such as your browser type and version, time zone setting, and operating system and platform. We may also collect information about you through social media sites you use to access our Site depending the permissions you have given for access to your information. We also use cookies on our Sites; for more information, please see the “Cookies and Other Tracking Technologies” section below.
• Information Collected From Our Partners. We may partner with our third party resellers to receive information about you, such as name and contact information. This helps us to fulfill your service requests and/or to provide you with services that may be of interest to you.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES THAT WE USE

We and our service providers use cookies, beacons, embedded scripts and local shared objects in connection with the Sites.

• Cookies are small text files that are stored on your computer or device when you visit our websites. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities while using the website.
• Beacons is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter
• Local Shared Objects Local shared objects (or Flash cookies) are pieces of data that websites which use Adobe Flash may store on a user’s computer or device. Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity use local shared objects. Various browsers may offer their own management tools for removing local shared objects. In addition, you may manage Flash cookies by clicking here.

 

The above technologies are used in analyzing trends, administering the Sites, services and products, tracking users’ movements around the Sites and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.  We use cookies to remember users’ settings, market products and services to users, and for authentication purposes. To manage the cookies that are placed on your computer, you may configure your internet browser to refuse, accept or delete cookies from our Sites at any time. Some of the cookies we use may be more persistent in nature. These persistent cookies may not be deleted when other cookies are deleted. Please check your browser and browser settings to determine where these types of cookies are stored and whether and how they may be deleted. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most cookies altogether. Please note that if cookies are disabled or removed, not all features of our Sites will operate as intended.

 

• "Do Not Track" Technology: Some newer web browsers have a "Do Not Track" preference that transmits a "Do Not Track" header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser "Do Not Track" signals.
• Third-Party Advertising Services: We partner with third parties that may use technologies such as cookies (and local stored objects as described above) to gather information about your activities on the Sites and elsewhere on the Internet in order to provide you with relevant advertising based upon your browsing activities and interests. This type of advertising is sometimes called interest-based advertising. No personally-identifiable information is collected or used in this process. If you wish to not have this information collected and used for interest-based advertising, you may emailing at info@vendrly.com.
• Third-Party Analytics: We may also use service providers, such as Google Analytics, that may use cookies or other technologies to collect information about your online activities across this and other sites over time for non-advertising purposes such as those described above. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit http://www.google.com/intl/en/policies/privacy/partners/.
• Google Analytics: To help facilitate the delivery of relevant content, we use Google Analytics and have implemented the following Google Advertising Features: Remarketing, Impression Reporting, and Demographics and Interest Reporting. We use Google Analytics cookies and other Google advertising cookies. You can opt out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy, and instructions on opting out of Google Analytics here. Note that Google’s opt-out mechanism is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.

 

WHAT WE DO WITH THE INFORMATION WE COLLECT

As examples of how we may use Personal Information that we collect, we use Personal Information in the following ways:

• Information Provided by You Upon Registration and Making a Purchase Online or at Our Stores. We may use this Personal Information to administer your access to a Site, verify your identity, and provide our products or services to you.
• Information Provided When You Contact Us. We may use this Personal Information to understand and respond to your question or comment.
• Passively Collected Information. We use passively-collected information to monitor and maintain the performance of our Sites, analyze trends, usage and activities in connection with our services, validate users and ensure their technological compatibility with users, and optimize our marketing efforts.
• Aggregate data We may use your Personal Information to create aggregate data that does not include any Personal Information and which cannot be used to identify you. For example, aggregate data may include data that describes the general demographics, usage or other characteristics of a Site’s users. We reserve the right to transfer and/or sell aggregate or group data about a Site’s users for lawful purposes.

 

WITH WHOM WE SHARE THE INFORMATION WE COLLECT

We may share your Personal Information with third parties as described in this Privacy Policy or otherwise with your permission. We reserve the right to transfer and/or sell other data, including aggregate or de-identified data derived from Personal Information, for lawful purposes in our discretion.

• We may share Personal Information with affiliated businesses.
• Service Providers. We, like many businesses, sometimes hire other companies ("Service Providers") to perform certain business-related functions. Examples include mailing information, maintaining databases, and hosting services. When we employ a Service Provider to perform a function of this nature, we provide it with the information that it needs to perform its specific function, which may include Personal Information and other information that you provide to us via a Site. These companies are authorized to use your Personal Information only as necessary to provide these services to us.
• Third Parties for Marketing and Other Purposes. We may share with selected third-party partners, including for their direct marketing purposes (please see below for your choices related to this sharing).
• Legal Requirements. We may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a subpoena or similar legal obligation, (b) protect and defend our rights or property, (c) act in urgent circumstances to protect the personal safety of users of any Site or the public, (d) protect against legal liability, or (e) or as otherwise required or permitted by law.
• Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, total or partial sale of assets in bankruptcy or similar event, Personal Information may be part of the transferred assets.
• Some of our pages utilize framing techniques to serve content to you from our partners while preserving the look and feel of our Sites. When you interact with content from our partners displayed on our Site, please be aware that you are providing your Personal Information to these third parties and it will be governed by their respective privacy policies.

 

OUR OPT-OUT POLICY

Sharing with Third Parties for Marketing. As noted above, we may disclose your information to third parties for their direct marketing purposes. If you would like to opt out of such disclosures, please contact us at info@vendrly.com

 

Email Marketing. To stop receiving newsletters or marketing communications from us or to opt out of having your email address shared with third parties, please use the “unsubscribe” mechanism provided in the communication (such as the “unsubscribe” link at the bottom of the marketing email) or send an e-mail to customerservice@forever21inc.com along with the information necessary for us to process your request.

 

Direct Mail. To stop receiving direct mail from us, send an email to info@vendrly.com with the words “DIRECT MAIL OPT-OUT” in the subject line.

Service-Related Announcements. We will also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt-out of these emails, which are not promotional in nature.

 

OUR POLICY ON CORRECTING AND UPDATING PERSONAL INFORMATION AND DEACTIVATING YOUR ACCOUNT

You may request to access, correct, update or delete your Personal Information, or deactivate your account, by emailing our Customer Support at info@vendrly.com with information necessary for us to process your request. We will respond to your request to access your Personal Information within 30 days. We may need to verify your identity before granting access to Personal Information in our custody or control. Please see below regarding our retention policy.

 

CALIFORNIA RESIDENTS

Your California Privacy Rights. Vendrly collects information that you provide to us or that we learn about you from your use of our Websites or shopping at our stores, as described in this Privacy Policy. Under California law, once a year, Vendrly customers who are California residents may request certain information about our disclosure of your personal information to unaffiliated third parties for direct marketing purposes. Vendrly does not disclose any personal information to unaffiliated third parties for these purposes.

To request your personal information under California Law, please contact us via the following methods, using “California Privacy Rights” as the heading:

• Write to the following address: Vendrly, ATTN: Privacy, PO BOX 92118 Atlanta GA 30314; or
• Contact Customer Service via email at info@vendrly.com

 

EU RESIDENTS

International Transfers of EU Customers’ Personal Information. The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") in reliance on a variety of compliance mechanisms. including data processing agreements based on the EU Standard Contractual Clauses. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. If you are from the EEA or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. which does not have the same data protection laws as the EEA and may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. With knowledge of these risks, by providing your personal information you consent to: (i) the use of your personal information for the uses identified above in accordance with this Privacy Policy; and (ii) the transfer of your personal information to the U.S. as indicated above.

 

MISCELLANEOUS

Links to Other Websites. The Sites may contain links to third-party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites. We suggest that you contact these third parties directly for information regarding their privacy, security and data collection and distribution policies prior to providing them with any information.

 

Blogs and Public Features of the Sites. Some of our Sites offer publicly accessible blogs, community forums, or public comments sections. You should be aware that any Personal Information you submit there can be read and collected by other users of these forums and could be used to send you unsolicited messages and for other purposes. Our blog and comments section of our site is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. NONE OF THE INFORMATION THAT YOU PROVIDE USING THESE FEATURES IS PROTECTED BY THIS PRIVACY POLICY. WE ARE NOT RESPONSIBLE FOR THE PERSONAL INFORMATION YOU CHOOSE TO SUBMIT IN THESE FORUMS OR THE USE OF THAT INFORMATION BY ANY THIRD PARTY. You will need to contact or log into the third party application if you want the Personal Information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.

 

Social Media Widgets. Our Sites may include social media features, such as the Facebook Like button and widgets such as the share this button or interactive mini-programs that run on our Sites. These features may collect your IP address, which pages you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy policy of the company providing them.

 

Security and Retention. We take commercially reasonable steps to help protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from a Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to us or to any other party via the Internet. The security of your Personal Information is important to us. When you enter sensitive information (such as a credit card number) on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information. Your Personal Information will be stored in the United States and will be subject to laws applicable in that country. If you have any questions about security on our Sites, you can contact us at privacy@forever21.com. We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. 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 Sites 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 the Sites. We may post a notice on the Sites 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.

 

Children’s Privacy. Visitors under 13 years of age are not permitted to use and/or submit their Personal Information at any Site. We do not knowingly solicit or collect information from visitors under 13 years of age. If you are under 13 years of age, please do not submit any information to us. In the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

 

Assignment. 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 personally identifiable and non-personal information collected via the Sites.

 

Disputes, Agreement to Arbitrate, and Choice of Law. By using the Sites, you and Vendrly agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Notice shall be sent:

• to Vendrly at:
  Vendrly.
  3880 North Mission Road
  Los Angeles, CA 90031
• to you at your last-used billing address or the billing and/or shipping address in your online profile

 

Both you and Vendrly agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

 

Contacting Us. Our “contact us” page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy or our privacy practices, please feel free to contact us at info@vendrly.com or at:

 

Vendrly.

ATTN: Privacy

PO Box 92118

Atlanta, GA 30314