Privacy Policy & Terms of Use
Jenny Yoo Privacy Policy & Terms Of Use
TERMS OF USE (May 25, 2018)
This website is owned and operated by Jenny Yoo Collection, Inc. (hereinafter “Jenny Yoo”), a New York Corporation. All content and information provided on or through the website may be used only under the following terms and conditions (the “Terms of Use”). Please read carefully before using the website. By accessing this website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the website. We recommend that you keep a printed copy of these Terms of Use for
Limitations of Use The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with Jenny Yoo’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Jenny Yoo's prior written permission.
Intellectual Property Ownership & Use Please be aware that as you visit and navigate this website your use of our website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.
Trademark/Patent Notice & Use Jenny Yoo owns certain trademark and patent rights described below. Trademark rights include the following: Jenny Yoo Collection®, Nabi By Jenny Yoo®, Aidan (™), Annabelle (™), and Jenny Yoo (™)
The foregoing trademarks and logos, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Jenny Yoo. Trademarks or trade dress include the above names and logos, and other graphics, logos, images, page headers, button icons, scripts, and service names for Jenny Yoo’s products, services, and programs. You may not use any of the "Jenny Yoo" trademarks or trade dress without our prior written permission. Moreover, Jenny Yoo's trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Jenny Yoo in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Jenny Yoo; or (iii) in any manner that disparages or discredits Jenny Yoo. All other trademarks not owned by Jenny Yoo that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Jenny Yoo. You may not use any of the "Jenny Yoo" trademarks or trade dress without our prior written permission. By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Jenny Yoo are and shall remain, except where owned by a third party, the sole and exclusive property of Jenny Yoo. Nothing on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Jenny Yoo's trademarks, service marks, trade dress or other web-site content. Jenny Yoo is also the owner of the following design patents, pending utility patent applications, and pending trademark applications.
ISSUED DESIGN PATENTS
UTILITY PATENT PENDING APPLICATION
SPENDING/TRADEMARK/DRESS/SERVICE MARK APPLICATIONS
Serial number 86937259 for Aidan Dress – nabi by Jenny Yoo (stylized and/or with design, MRK381402166-142332433
Serial number 86937318 for Annabelle Dress - nabi by Jenny Yoo (stylized and/or with design, MRK381402166-144906212
Copyright Notice All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Jenny Yoo and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.
Privacy Notice Jenny Yoo Collection, Inc. (“JY”) respects your privacy and is committed to taking reasonable steps towards protecting your privacy online and managing your information responsibly, in order to best understand the products and services that are most useful to you. This Privacy Notice is intended to notify you of our online privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns. This Privacy Notice applies to the website located at https://www.jennyyoo.com/, to any phone, fax, and/or mail operations concerning processing of orders and questions about products or services, as well as our marketing contacts with you. This Privacy Notice does not apply to other websites to which we may link, or to other companies or persons who might be listed as third-party contacts or suppliers on this Website, or to whom we may refer you if you call or write us. We may post links on this Website as a way of helping you locate related information and products easily. However, when linking to another website, you must review that website’s privacy notice as other websites may not treat information collected online in the same manner as we do. This Privacy Notice also does not apply to information collected when you purchase our products in department and specialty stores, or on other third-party websites where our products are sold. Unless otherwise specified, personal information collected from these other channels is not provided to JY, and JY has no control over how they use information that they collect. By using this Website and/or by contacting us and providing any personal information, you consent to the collection and use of information by us in accordance with this Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on this page.
Why We Collect Information We collect personal information because it helps us improve and deliver our products and services. In addition, your personal information helps us communicate to you our latest products, special offers, and information and events about which you might like to hear. We also collect your personal information to help us design and deliver our Website, and to deliver targeted marketing to you based on your interests and previous purchases.
What Information We Collect The following generally describes the type of information we may collect about you. Those who wish to communicate with us but do not wish to provide personally identifiable information online may contact us through the address or phone numbers provided on our Website. However, you should note that if you contact us by phone, or via postal mail, you may still be submitting personally identifiable information to us, as set forth herein.
Telephonic Shopping and Customer Support You may call our customer service line for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, telephone number and, if you choose to make a purchase, your payment card information. We use this information to respond to your requests and process your transactions.
Online Shopping When you order products or services from the Website, we will collect the information necessary to complete your order, such as your name, e-mail address, shipping address, payment information (including credit card number and/or PayPal identifier) and billing address and/or shipping address. You may also provide us with other information that you might submit.
General Browsing We do not automatically collect information unless you voluntarily input or submit this information, such as during an ordering process, when you submit questions or comments, request information or participate in promotions or other activities. Should you voluntarily provide us with personally identifiable information, you consent to our use of it in accordance with this Privacy Notice. Even if you do not submit personal information through the Website, we gather navigational information about where visitors go on the Website and information about the technical efficiencies of our Website and services (i.e., time to connect to the Website, time to download pages, etc.). This information allows us to see which areas of our Website are most visited and helps us better understand the user experience. This helps us improve the quality of the Website by recognizing and delivering more of the features, areas, and services our visitors prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website.
How We Collect Information We collect information in three primary ways: 1. You Give Us Information: We collect information from you when you submit it to us through our Website or other digital media. 2. We Collect Information Automatically: We automatically collect certain types of information when you visit our Website or use our products and services. For example, we automatically collect various types of technical information when you use our Website as otherwise described in this Privacy Notice. 3. We Collect Information from Other Sources: We may obtain information about you from outside sources. For example, we may obtain commercially available information about you from third parties, such as credit information or to prevent fraud, or purchase e-mail lists from third parties for advertising and marketing purposes.
Use of Cookies Cookies are bits of electronic information that a website may transfer to a visitor’s computer to identify specific information about the visitor’s visits to the website. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. The Website uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies are typically stored on your computer’s hard drive and are used to help track clicks as you go through the pages within our Website. We may also use cookies to tell us whether you have previously visited the Website. We also use cookies which may be set by third-parties with whom we have entered into agreements which may enable us to obtain analytics information about the use of our Website. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools in your browser to remove cookies which may have been placed onto your computer. However, please be aware that the Website requires cookies to operate correctly. For example, if you turn off cookies or refuse them, you may not be able to make purchases on the Website.
Server Logs and Widgets A web "server log" is a record of activity created by a computer that delivers certain web pages to your browser. Certain activities that you perform on our Website may record information in server logs. The server log may record information about your browser, such as you IP address and the cookies set on your browser. A "widget" is generally an application that can be embedded in a webpage. Widgets can provide real-time information to the webpage. Widgets are often provided by third-parties and we may provide widgets on our website. Widgets may enable the third-parties that provide them to collect date about users visiting the Website.
How We Use The Information We Collect We use the information we collect internally in our business for many business purposes, such as to: (i) provide the products or services you may order, including processing orders and returns; (ii) analyze trends and conduct research about improving our products and services; (iii) provide support and respond to questions from customers and Website visitors; (iv) improve our Website, products and/or services; (v) learn about customers’ needs; (vi) track traffic patterns and Website usage; (vii) enable online ordering and provide customer service with respect to such orders; (viii) address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues; (ix) investigate claims, legal actions, violations of law, or violations of agreements (including, but not limited to, the terms of use and privacy policies of our Website): (x) comply with legal or contractual obligations, prevent fraud to reduce credit risks, comply with court orders and subpoenas, and cooperate with police and other law enforcement and governmental authorities; (xi) protect the rights, property or safety of visitors to the Website, our customers, vendors and/or members of the public; and, (xii) generate economic and business reports and analysis in connection to any actual or proposed sale, merger or acquisition of all or part of our business We use the information we collect in a variety of ways. Generally, using all of the above mentioned, and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, which web pages you view, the time and duration or your visits to our Website, whether you clicked on any items or links on the Website, whether you have clicked on any links in any emails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or ordered certain products or services. We may also share personally identifiable information and non-personally identifiable information externally with our affiliates, licensees and joint venture partners, as well as with other third-party service providers who help us provide operational services for the Website and our business, which might include, but is not necessarily limited to: business entities that provide e-mail address management and communication contact services, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities which obtain information such as demographic information which might be aggregated with information we have about you, judicial, administrative and/or legal or financial accounting providers in the event that information must be reviewed or released in response to civil and/or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, as we believe is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity, and with other service providers which may be involved in the other types of services and activities otherwise discussed in this Privacy Notice.
Business Transfers If JY, or substantially all of its assets, were acquired, or in the unlikely event that JY goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third-party. You acknowledge that such transfers may occur, and that any acquirer of JY may continue to use your personal information in accordance with this Privacy Notice.
Your Choices About The Information We Collect If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Notice, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request to: send email to [email protected] or mail to Jenny Yoo Collection, Inc 132 West 35th Street, 9th Floor. New York, NY 10018 Attn: Director of Customer Service
Privacy of Children Who Visit The Website We recognize the importance of children's safety and privacy. The Website is not designed to attract children, and is not intended for use by any children under the age of 13. In accordance with the Children’s Online Privacy Protection Act ("COPPA"), JY does not request, or knowingly collect any personally identifiable information from children under the age of 13. If we become aware of any mistaken or inadvertent collection of information from a child under the age of 13 through their misuse of our Website, we will take all necessary measures to promptly delete such information from our records. We ask all parents and guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing JY with any of their personal information or using the Website without parental oversight and assistance.
Your California Privacy Rights We collect various types of personal information about you during the course of your relationship with us as a customer. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third-party will use such information for its direct marketing purposes. If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-Party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third parties for their direct marketing: send email to [email protected] or mail to Jenny Yoo Collection, Inc. 132 East 36th Street, 9th Floor New York, NY 10018 Attn: Director of Customer Service
Visitors To The Website Outside of The United States If you are visiting the Website from a location outside of the United States, your connection will be through servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.
Non-Confidential Information Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, 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 we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Linking to Website You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Jenny Yoo notice of such link by sending an e-mail to [email protected], and (c) you discontinue providing such link to this Website if requested by Jenny Yoo. If you wish to provide a link to a section within the Web site, you should forward your request to Jenny Yoo at [email protected] and Jenny Yoo will notify you if permission is granted, and if so, the terms and conditions of the such permission.
Links For your convenience, the Website may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.
Errors & Inaccuracies We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Shipment of Orders Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on jennyyoo.com. All purchases from jennyyoo.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
Security We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information. While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website or otherwise with JY will not become publicly available.
Disclaimer of Liability We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Applicable Law By visiting our website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.
Arbitration and Class Action Waiver In the event of a dispute between you and Jenny Yoo arising under or relating to these terms of use or your account with Jenny Yoo, either party may choose to resolve the dispute by binding arbitration, instead of court. Any claim, (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver), may be resolved by binding arbitration if either side requests it. This means if either you or Jenny Yoo choose arbitration, neither party shall have the right to litigate such claim in court or to have a jury trial. Also, discovery and appeal rights are limited in arbitration. Class Action Waiver Arbitration must be on an individual basis. Neither you nor Jenny Yoo may join or consolidate claims in arbitration by or against other uses or this web-site or other customers of Jenny Yoo, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or Jenny Yoo may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that law suit.
Governing Law and Rules for Arbitration This arbitration agreement is governed by the Federal Arbitration Act (“FAA”). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration agreement, but the rules in this arbitration agreement will be followed if there is a disagreement between this agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim is filed will apply. If the AAA and JAMS are both unavailable, then either party apply to a Court of competent jurisdiction for appointment of a substitute. The arbitration shall be conducted before a single arbitrator. The arbitration shall be conducted in the State of New York, City of New York.
Miscellaneous Any use of contact information provided on the site for unauthorized purposes, including marketing, is prohibited. You may not use any hardware of software intended to damages or interfere with the proper working of the site, or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Jenny Yoo reserves the right, in its sole discretion, to limit or terminate your access to or use of this site at any time without notice.
Questions/Changes in Notice If you have questions or concerns with respect to our Privacy Notice, you may contact us at [email protected]. We may elect to change or amend our Privacy Notice; in such event, we will post the notice changes in our Privacy Notice on the Website. If you are concerned about how your personal information is used, please visit our Website often for this and other important announcements and updates.