TERMS & CONDITIONS
Welcome to BandaBeau. By purchasing any of our products, services, or otherwise using or accessing BandaBeau.com or any other online service that may be associated with BandaBeau, you acknowledge and agree that: (A) you have read these terms; (B) you understand all of the terms and conditions described herein; and (C) you agree to be bound by all of the terms and conditions set forth herein and all applicable laws, rules and regulations. If you are asked to click “I accept” at any time prior to your purchase of our products or other access to our online services and you do not click “I accept”, you will not be able to complete such purchase or gain such access. By using our website or other online services you agree to abide by the terms and conditions described herein. If you do not agree to be bound by these terms and conditions, you may not use our website or any other of our online services.
By subscribing to our emails you are authorizing us to send you communications.
All emails and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy any e-mail not addressed to you. If you have received an email in error please notify BandaBeau at email@example.com and delete the e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
ACCURACY OF INFORMATION
While we endeavor to keep the information on our website up-to-date and correct, we make no representations or warranties of any kind about the completeness, accuracy, reliability, suitability or availability with respect to any product, service, or any other information contained on our website or other online services for any purpose whatsoever.
All promotional offers cannot be combined with any other coupons, promotions or discounts unless otherwise advertised. Limit one coupon per customer per transaction only. Offer applies to pre-tax merchandise only (excluding shipping charges)
We reserve the right to at any time modify these Terms & Conditions, or change or discontinue any product or service (or any part or content thereof) without notice.
LIMITATION OF LIABILITY
In no case shall BandaBeau, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website or other online services or any products procured therefrom, or for any other claim related in any way to your use of our website, other online services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website or other online services or any content (or product) posted, transmitted, or otherwise made available therein, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions and any policies or rules posted by us on our website or in respect to the products and/or services offered constitutes the entire agreement and understanding between you and us and govern your use of our website and other online services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
I. Collection of Information
- Information You Provide to Us.
- We may ask you to provide us: (i) your first and last name, email address, home address, phone number, credit and debit card numbers and date of birth or other information that could reasonably be used to identify you personally (hereinafter "Personal Information"); and/or (ii) demographic information, such as information like your gender ("Demographic Information"). We may collect this information from you at various times and places, such as when you:
- Sign up or request to be placed on our mailing and/or email marketing lists;
- Place an order through the Site;
- Participate in a survey or promotion (defined in Section 3(e) below);
- Contact us regarding a question or concern;
- Submit an application for employment; and
- Otherwise interact with BB, the Site or our office.
- Your decision to provide this information is voluntary, but if you choose not to provide this requested information you may not be able to take advantage of all of the Site's features or BB's services.
- In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site ("Usage Information"). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Site. Usage Information may include:
- your IP address or other unique identifier ("Device Identifier");
- your Device browser, operating system and mobile network information;
- the areas within our Site that you visit and your activities there, including remembering you and your preferences;
- your general location; and
- certain other Device data, including the time of day you visit our Site, among other information.
- We may use various methods and technologies to collect and/or store Usage Information, such as:
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site's pages and messages. Web beacons may be used by us for a number of purposes, including to count visitors to the Site, to monitor how users navigate the Site, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
- Embedded Scripts. An embedded script 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 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. The embedded script does not collect your Personal Information.
- ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
- We may use the above technologies (or ones we incorporate in the future) for a variety of purposes, including:
- To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality or to allow you to make use of shopping cart functionality;
- To assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
- To offer you enhanced functionality when accessing the Site, including identifying you when you sign in to our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
- To deliver content, including ads, relevant to your interests on our Site and third party sites based on how you interact with our advertisements and/or content.
- Our Site (including our mobile apps) may use location-based services to verify your location, deliver you relevant content and/or advertising based on your location, as well as to share your location with our service providers as part of the location-based services we offer. You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device or by following the standard uninstall process and removing all BB applications from your mobile device.
- You may send someone else a communication from the Site, such as sending an invitation to a friend. If so, the information you provide (e.g., names, email addresses, mobile number, etc.) will be used to facilitate the communication and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.
II. How We Use the Information We Collect
- We may use your Personal Information, Demographic Information or Usage Information for various purposes, including, but not limited to, the following:
- Improving the effectiveness of our Site, marketing endeavors and service offerings;
- Site registration;
- Processing and completing purchase, return and similar transactions;
- Providing customer service;
- Notifying you of product recalls or providing other information concerning products you have purchased;
- Sending you marketing information about BB and other third parties we work with, including through direct mail offerings;
- Sending you email communications such as electronic newsletters about our products, services, events, loyalty programs and Promotions;
- Sending you email about orders you have made on the Site;
- Enabling you to participate in the Site's features such as surveys and Promotions;
- Identifying your product and service preferences, providing personalized content and informing you of new or additional products, services and Promotions that may be of interest to you;
- Providing mobile marketing messages and service messages;
- For internal business purposes; and
- If you prefer not to receive marketing communications from BB, you may opt out at any time by following the directions in Section 12 below.
III. Sharing of Information with Third Parties
- When You Request We Share With Third Parties. You may be presented with an option to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their content on our Site. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
- Third Parties Providing Services to BB. We may use third party service providers to perform certain services, such as: (a) to assist us in e-commerce operations; (b) to manage a database of customer information; (c) hosting the Site; (d) designing and/or operating the Site's features; (e) tracking the Site's activities and analytics; (f) enabling us to send you special offers or perform other administrative services; and (g) other services designed to assist us in maximizing our business potential. We may provide third parties with access to your information to carry out the services they are performing for us. Third-party analytics and other service providers such as Google Analytics may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the Site. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. For example, to learn about opting out of Google Analytics, please clickhere. We are not responsible for the effectiveness of or compliance with any third parties' opt-out options.
- Affiliates and Business Transfer. We reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.
- Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Site, in the Stores or through one of our social media pages that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.
- User Content and Public Information. The Site may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including Personal Information (collectively, "User Content"), on blogs and message boards, product reviews and other public forums. We or others may store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties. Please note that BB does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Site or what others do with information you share with them on the Site.
- Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. By connecting with the BB brand through our social media pages or accounts, or by posting content using BB-created hashtags or other identifiers, you are providing your consent for BB to use any Personal Information or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.
- You may see certain ads on other websites because we participate in advertising networks administered by third parties. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the technologies described in the "Information We Collect When You Use the Site" Section above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site, such as the pages you have viewed. This collection and ad targeting takes place both on our Site and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our marketing efforts. We and our service providers use first-party cookies and third-party cookies together to report how our internet advertising methods are related to your visits to the Site.
- To learn more about how these service providers use your information, cookies or other tracking information and explore your opt out options, please visit their respective website below (NOTE: by clicking on the link below, you will be leaving the BB website):
- To learn more about ad networks, including how to opt-out, please click here
- The list above may be modified from time to time and may not reflect all of our third-party service providers.
- Also, some third parties, such as companies that offer Internet browsers, have developed signals (e.g., browser do not track signals) that give you a choice regarding the collection of information about your online activities over time and across third-party websites or online services. Currently, we do not monitor or take any action with respect to these signals or other mechanisms offered by Internet browsers. If you would like more information on self-regulatory programs that permit you to exercise choice, click on the ad networks link above.
VI. Third-Party Content and Links to Third-Party Sites
- The Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you. In addition, when you are on the Site, you may be directed to other services that are operated and controlled by third parties. We are not responsible for the data collection and privacy practices employed by any of these third parties. For example, if you "click" on a link, the “click” may take you off the Site onto a different site. These other sites may independently collect data about you and may or may not have their own published privacy policies.
VII. Your California Privacy Rights
- We may from time to time elect to share certain information about you collected by us on the Site with third parties for those third parties' direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2014 will receive information about 2013 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request, please submit a written request including include your full name, email address, and postal address to the following address (limit one request per year):
VIII. Transfer of Information to and from the United States
- We understand the importance of protecting children’s privacy. We do not use the Site to knowingly collect Personal Information from children under the age of 13 without parental consent. If you are a child under 13 years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Site.
- In the event that we become aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with information without your consent, please contact us by email at the address set forth in Section 11 below, and we will take reasonable steps to ensure that such information is deleted from our databases.
- We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk.
- If you have any questions about this privacy statement, the practices of this site, or your dealings with BB, you can contact us at: firstname.lastname@example.org
- If you would like to unsubscribe or cancel your memberships with BB at any time, you can contact us using the following methods:
- To opt out of e-mail marketing communications please visit BandaBeau.com/unsubscribe
- To opt out of direct mail marketing communications, please contact BandaBeau at the address above, be sure to include your name and address as it appears on any marketing materials received from BandaBeau.
- Please allow 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from BB. Please note that we will retain your information for business purposes or as required by law.
- Please note that we may still send you certain communications relating to your account or use of our Site, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.