Brandblack PRIVACY POLICY

Last updated: May 20, 2020

1. Introduction

Brandblack, Inc. (“Brandblack” or “we” or “us”) respects your privacy. This Privacy Policy applies to personal information we collect on Brandblack.com (together, the “Site”), in our stores and through other channels, as described below. The policy explains how we collect and use this information and with whom we share it. The policy also explains our efforts to secure your information and ways you may access and change your information and preferences. We may update this Privacy Policy from time to time without prior notice to you. If we make changes, we will notify you by revising the date at the top of the policy or by providing more prominent notice, as appropriate.

We may update this Privacy Policy from time to time without prior notice to you.  If we make changes, we will notify you by revising the date at the top of the policy or by providing more prominent notice, as appropriate. 

2. How We Collect Information

Information We Collect From You

We collect personal information from you when you: (1) purchase products from us; (2) register for and use an account on the Site; (3) participate in a promotion or survey; (4) contact us for customer service, personal styling assistance or any other reason; (5) apply for a job; or (6) otherwise use the Site or provide information to us.
The information we collect may include:

• Identifiers, such as your name, email address, billing and shipping address, account name, account password and phone number.
• Demographic Information, such as your date of birth and gender.
• Commercial Information, such as details on the items purchased/returned and product preferences.
• Employment and Education Information, such as your education and employment history when you submit your job application with us.
• Payment Information, such as credit card or other payment or billing information in connection with your use or purchase of our goods and services.

Information Automatically Collected

We automatically collect certain information from you when you access the Site, including the following:

• Identifiers, such as IP address and identifiers associated with browser cookies, web beacons, and similar tracking technologies.
• Internet or Other Electronic Network Activity Information, such as information about your browser type, operating system, pages accessed on our Site, links clicked, and time spent on the Site.
• Geolocation Data, such as your IP address that can reveal your general location.

We use this information to tailor the content of our website and to enhance your shopping and customer service experience.

Cookies and Other Tracking Technology

We use “cookies,” “web beacons” and other tracking technologies, which sometimes distinguish you from other visitors to the Site, to understand better how you interact with the Site and email communications. A cookie is a small text file that may be stored on your computer or mobile device when you visit a website. Cookies enable the Site to recognize your device upon future visits. Web beacons, typically a one-pixel image on a webpage or in an email, are used to communicate information from your computer to a website, such as the IP address of the computer that downloaded the page on which the beacon appears and browsing activity. By using cookies and web beacons, we may: (1) remember you when you return to the Site; (2) keep track of your order as you shop the Site; (3) preserve your shopping bag for later consideration; (4) grant access to the secure parts of the Site; and (5) monitor, improve and customize our web content, our products and services and our promotional and advertising activities. You can manage, refuse or block cookies and web beacons at any time through the settings in your web browser. However, by doing so, you may not be able to access or use certain features of the Site. In addition, Brandblack and certain service providers may collect personal information about our visitors’ online activities over time and across third party websites.

Third Party Analytics and Advertising

In our effort to improve and customize our content, and to provide you with advertising and offers that may be of interest to you, we engage third party service providers that use tools, such as cookies and web beacons, to collect information about your visits to this website and other sites, and your interaction with our email communications. This information may be used to, among other things, analyze data, understand our visitors’ web activity, develop promotional and advertising activities and serve targeted content and advertisements to you on this and other sites. To learn more about Internet-based advertising and your choices with respect to them, please visit the Network Advertising Initiative at www.networkadvertising.org and the Digital Advertising Alliance at www.aboutads.info.

Information from Other Sources

We may also obtain information about you from other sources. For example, we may collect information from the U.S. Postal Service’s national change of address database to verify and update mailing addresses, or information about you from credit bureaus, former employers, and references when you apply for a job with us.

3. How We Use Information

We may use information about you for various business and commercial purposes, including to:

• Furnish the products and services you request, process your transactions and send you related information, such as order and shipping confirmations and receipts;
• Provide customer support and respond to your comments, questions and requests;
• Notify you of products, services, offers, promotions, events and features that may be of interest to you;
• Facilitate and personalize your shopping experience in our stores and online;
• Develop and improve our products, services, this website and our stores;
• Monitor and analyze trends, usage and activities;
• Advertise and market our products and services
• Manage your online account(s) and provide updates, security alerts and administrative messages;
• Debug, identify, and repair errors that impair the functionality of the Site;
• Detect and prevent fraud and protect the security of the Site and our operations;
• Comply with our legal obligations; and
• Fulfill any other purpose for which the information was collected in a lawful manner that is consistent with the context in which you provided the information.

We may combine the information we collect from and about you online with the information we collect from and about you offline. We may also combine your information with information we receive about you from other sources, such as address update services. Please note that the Site is hosted in the United States and is intended for our customers in the United States. If you access the Site from a location outside of the United States, you acknowledge that the information you share and that we collect on the Site is sent to the United States, a jurisdiction that may not provide the same or equivalent level of data protection laws as those of your country of residence.

4. Information We Share

Brandblack will never share, sell or rent your information to third parties for their direct marketing purposes.

We may disclose information collected from and about you as follows (subject to applicable laws):

• With vendors, consultants and other service providers who use the information solely to carry out our instructions and for no other purpose;
• To comply with a request for information by law enforcement, or to the extent required by applicable law, regulation or legal process;
• If we believe there has been a violation of the Brandblack.com Terms of Use, any user agreements or policies, or to protect the rights, property and safety of Brandblack or a third party;
• In connection with any proposed or actual merger, financing or sale or transfer of all or a portion of our assets or business to another entity;
• With our affiliates, licensees and joint venture partners for the purposes described in and consistent with this Privacy Policy;
• If you request to share a product page or your “wish list” with another person, in which case we only use the information to complete the request and will not retain such information; and
• With your consent or at your direction.

 

5. California Privacy Disclosures and Rights

 

 

CCPA Privacy Rights

Starting January 1, 2020, consumers residing in California are afforded additional rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”) (California Civil Code Section 1798.100 et seq.). If you are a California consumer, you have the following rights under the CCPA:

• Right to know about our collection, disclosure and “sale” of your personal information. Brandblack does not and will not sell your personal information.
• Right to access your personal information collected and retained by us.
• Right to request deletion of your personal information collected and retained by us, subject to certain exceptions.
• Right not to receive discriminatory treatment for exercising your rights under the CCPA. Brandblack does not and will not treat you in a discriminatory manner for exercising your CCPA rights.

Here is how you can exercise your right to know, right to access, or right to delete your personal information. To do so, please complete the webform here . For request to delete, please note that we may retain certain information as required by law or as permitted by law for our legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Verification

Before responding to your request, we must verify your identity or authority to make the request and confirm that the Personal Information requested relates to you. If you maintain an account with us, we will verify your identity through existing authentication practices for your account (e.g. login and password). If you do not have a registered account, we will verify your identity by matching two or three data points that you provide with data points that we maintain and have determined to be reliable for the purposes of verification (e.g. email, phone number, billing or shipping address).

Authorized Agents

You can use an authorized agent, who is registered with the California Secretary of State that you authorized to act on your behalf, to make CCPA requests on your behalf. But we may require proof that you have provided the agent with written permission to submit a request on your behalf and to verify his/her identity, or to demonstrate that he or she has power of attorney.

6. Change Your Preferences

To stop receiving promotional communications from us, you may: (1) follow the unsubscribe instructions contained in each promotional email; (2) log into your account on the Site and change your preferences; or (3) send your request, along with your name, email and postal address, to the email or postal address listed here. We will process your request within a reasonable time frame, but you may, in the interim, receive previously scheduled communications from us. We may also continue to send you non-promotional emails, such as messages about your account or purchases.

7. How We Secure Your Information

Security is extremely important to us. We maintain appropriate administrative, technical and physical safeguards to protect the personal information you provide on this website and in our stores against accidental, unlawful or unauthorized access, disclosure, destruction, loss, alteration or use. We use Secure Socket Layering (SSL) technology to ensure that personal and payment information provided on Brandblack.com is protected when transmitted over the Internet. Please check the URL line of your browser when submitting information. When the letters in the URL line change from "http" to "https," the "s" is an indication that you are now in a secure area employing SSL.

Unfortunately, the transmission of data via the Internet is never completely secure. While we do our best to protect your personal data, we cannot guarantee the security of information shared with us online.

When you store information in an online account, we ask that you protect such information with a password. Please take care to protect your password. We will never ask you for your password.

8. Third Party Sites and Stores

Our website may, from time to time, contain links to other sites operated by companies that are not affiliated with Brandblack. These third-party sites may have different privacy policies, which you should review if you access the sites from the Site. We are not responsible for the content or practices of any websites that are not affiliated with Brandblack.

This Privacy Policy also does not apply to the department, specialty or other non-Brandblack stores in which our products are sold. Information collected in a non-Brandblack store is subject to those stores' privacy policies or notices.

9. Children's Privacy

The Site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen.

10. Do Not Track

While your browser may offer you a "Do Not Track" setting option, our Site currently does not respond to or support Do Not Track signals at this time.

11. Contact Us

If you have any questions or requests relating to this Privacy Policy and our practices with respect to personal information, please contact us at: privacy@Brandblack.com. You may also contact us using the following information: cs@brandblack.com.

 

Brandblack TERMS OF USE

Last Updated May 20,2020

Introduction

Welcome to the Brandblack (“we,” “us,” or “our”) website (the “Site”).  Please review carefully the following Terms of Use.  When you access or use the Site or submit information to us through the Site, you are automatically agreeing to follow and be bound by these Terms of Use.  If you do not agree to be bound by these Terms of Use, we ask that you refrain from accessing or using the Site.  We may update the Terms of Use from time to time without prior notice to you.  If we make changes, we will notify you by revising the date at the top of the page.  Your continued use of the Site after we post any changes to the Terms of Use constitutes your acceptance of the changes. 

Errors and Inaccuracies

We strive to provide complete and accurate information on the Site.  Unfortunately, however, we are not able to ensure and do not represent and warrant that the Site is completely free of human or technological errors.  The Site may contain typographical mistakes, inaccuracies, omissions and outdated information – some of which may relate to pricing and availability of products and services.  We reserve the right (but are not obligated) to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice and without liability to you.

Please be aware that your computer settings may affect the display of products, and particularly colors.  Feel free to contact one of our stylists if you have questions about our products.

Account Registration

We welcome our clients aged 18 years of age or older to register for an account.  By registering you will enjoy exclusive communications about new products, store openings, special offers and sample sales; expedited check out; storage of contact and payment information for future use; and access to your transactional history.  Registered clients must create a username and password.  When you log into your account, you are agreeing to use the Site in a manner consistent with these Terms of Use.  Take care to protect your password:  you are solely responsible for any activity conducted on the Site (including, without limitation, the placement of orders) using your username and password.  We will never ask you for your password.  Please notify us immediately if you believe your account has been compromised. 

We reserve the right to refuse or cancel any account registration or prohibit any person from using the Site for any reason whatsoever.

Ownership of Site / Copyrights and Trademarks

The Site and all content contained herein (including, without limitation, photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress, the layout and arrangement of the Site and software and code used to design and develop the Site) are protected by copyrights, trademarks, patents, intellectual property rights and other applicable laws, and are the exclusive property of Brandblack Inc. (“Brandblack”) and/or its subsidiaries, affiliates, licensors or third party content providers.   The names and marks Brandblack and Brandblack Los Angeles and all other marks depicted on the Site, whether registered or unregistered, are trademarks or service marks of Brandblack and/or its subsidiaries, affiliates, licensors or third-party content providers.   Except as otherwise described herein, you shall have no right or license to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, which we may withhold in our sole and absolute discretion. Brandblack reserves all rights not expressly granted in and to the Site and its content.

Use of Site

You agree to use the Site and the services only for their intended purposes (such as reviewing and purchasing products or providing information to us) in accordance with these Terms of Use and all applicable laws.  You may copy, electronically download or print hard copies of pages from the Site solely for personal, noncommercial purposes related to placing an order or shopping with Brandblack.com.  When copying, downloading or printing content for your personal, noncommercial use, be advised that (i) you do not obtain any right, title or interest in the content; (ii) you agree not to alter or delete any copyright, trademark or other intellectual property right notice that appears on the content; (iii) you agree not to modify, alter or create derivative works from the content; (iv) we do not represent or warrant that such use will not infringe the rights of any third parties not affiliated with us; and (v) we may revoke your ability to use the content in any fashion at any time in our sole discretion. 

Any other use of the Site, including, without limitation, accessing, modifying, deleting, downloading, copying, displaying, performing, publishing, distributing or transmitting the Site or its content, in whole or in part, for any public or commercial purpose (without our prior written permission) or any unlawful purpose is strictly prohibited.  Your use of the Site may not disrupt the operation of the Site or our business or result in unauthorized access to the Site, our network or data belonging to us or a third party.  We reserve the right to terminate, limit or restrict your access to and use of the Site at any time without notice.  You will remain liable for any orders or charges made or incurred by you prior to any such termination. 

Content You Submit

You are responsible for any content you may submit via the Site and certify that you own or have the authorization to use such material and that such material is accurate and appropriate.  Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed nonconfidential, and you hereby grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive and sublicensable license to use, display, exhibit, distribute, reproduce, develop, market, broadcast, perform, transfer or otherwise exploit such content, and create derivative works therefrom, in any medium now known or later created.

You may not misrepresent yourself or the origin of any content you submit via the Site by, for example, providing false names, contact information or other personal identifying information.  You may not upload to, distribute or otherwise publish via the Site any content that (i) is false, misleading, fraudulent, libelous, defamatory, obscene, indecent, offensive, threatening or otherwise illegal or inappropriate; (ii) violates the intellectual property, privacy or other right of another; (iii) constitutes a commercial, political or personal solicitation; or (iv) may contain any form of malicious software (e.g., viruses, worms, malware, or other destructive code).  You agree to indemnify and hold us, our officers, directors, employees and affiliates harmless from any damages, claims or causes of action arising from or related to your violation of the foregoing.  We may remove any content you submit at any time for any reason.

All personal information submitted to the Site will be handled in accordance with our Privacy Policy.

Orders

Nothing contained on the Site shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance.  Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders.  We will issue a credit to your original form of payment if you were previously charged.  If a product is listed at an incorrect price, we may refuse or cancel orders placed for such product, in accordance with applicable law, and will issue a credit to your original form of payment if you were previously charged.  You may not purchase our products with the intent of engaging in commercial resale activities. 

Please be advised that different assortments of merchandise may be found on the Site and in our retail stores or department stores.  We currently do not ship orders outside of the USA.

Third Party Sites

For your convenience and information, the Site may, from time to time, contain links to other sites operated by companies or entities that are not affiliated with Brandblack.  These third-party sites may have different terms of use and privacy policies, which you should review if you access the sites from Brandblack.com.  We do not monitor or endorse these third-party sites and are not responsible for the content or practices of any sites that are not affiliated with Brandblack.

DISCLAIMERS

BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE, ITS CONTENT AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH IT, ARE PROVIDED "AS IS" WITH ANY AND ALL FAULTS, AND BRANDBLACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR NONINFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR COMMUNICATION WITH US.  THE INTERNET IS AN UNPREDICTABLE MEDIUM AND PROBLEMS FREQUENTLY OCCUR.  BRANDBLACK DOES NOT WARRANT THAT THE SITE’S OPERATIONS OR CONTENT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERROR.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR EQUIPMENT, OR LOSS OF DATA ARISING FROM YOUR USE OF THE SITE, INCLUDING THE DOWNLOAD OF MATERIALS FROM THE SITE.   THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE, AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND UNDERSTAND AND ASSUME THE RISKS OF SENDING INFORMATION VIA AND CONDUCTING TRANSACTIONS OVER THE INTERNET.  YOU ACKNOWLEDGE AND AGREE THAT BRANDBLACK AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE SITE AND YOUR USE OF THE SITE, YOUR USE OF A SITE LINKED TO FROM THE SITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE (EXCEPT AS PROVIDED IN OUR RETURN POLICY), THE UNAUTHORIZED ACCESS TO, LOSS OF OR USE OF DATA, ANY FAILURES OF PERFORMANCE, ERRORS OR OMISSIONS, NETWORK OR INTERNET DELAYS OR FAILURES OR THE ACTIONS OF THIRD PARTIES WHO USE THE SITE,  WHETHER SUCH DAMAGES, CLAIMS OR CAUSES OF ACTION ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.  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.  YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRANDBLACK, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THIS LIMITIATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Brandblack, our officers, directors, employees and affiliates from and against any and all damages, claims or causes of action, including attorneys' fees and costs, arising from or related to your use of the Site, or your violation of any of these Terms of Use, any law or the rights of any third party.

Applicable Law and Forum Selection

You agree that the laws of the State of California (and not any other law, including the United Nations Convention on Contracts for the International Sale of Goods) will govern these Terms of Use, your use of the Site, and any dispute of any sort that might arise between you and Brandblack, our officers, directors, employees and affiliates, without regard to principles of conflict of law.  For the purpose of any action, suit or proceeding arising out of or relating to these Terms of Use, your use of the Site or any transaction with us, or for recognition or enforcement of any judgment, venue shall lie exclusively in any federal or state court within the City of Los Angeles in the State of California having subject matter jurisdiction.  You agree and consent to personal jurisdiction in any federal or state court within the City of Los Angeles in the State of California.  You agree that any claim or cause of action you may have with respect to Brandblack, our officers, directors, employees and affiliates or the Site must be commenced within one (1) year after the claim or cause of action arose. 

Miscellaneous

Entire Agreement

These Terms of Use contain the entire agreement between you and Brandblack concerning the subject matter hereof, and supersede all prior or contemporaneous communications or agreements, written or verbal, between us.  No modifications of these terms or waiver of these terms will be binding upon us, unless approved in writing by Brandblack.

No Waiver

You agree that no failure or delay by us in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. 

Severability.

If any portion of these Terms of Use is held to be invalid or unenforceable, the remainder of the terms and the applicability of such term to other persons or circumstances shall not be affected thereby.  Subject to the foregoing, each of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.

Contact Us

If you have any questions or requests relating to these Terms of Use, please contact us using the following information: cs@brandblack.com.

 

Brandblack ACCESSIBILITY

Brandblack, Inc. is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature or functionality that you believe is not fully accessible, please email us at cs@brandblack.com team access@brandblack.com with “Accessibility” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.