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Privacy & Security

Modnique knows that your privacy is important to you, and we want you to know that it is important to us too. We created this Policy to explain the types of information we collect through Modnique and the various social networking platforms that we use (each, our "Site"), how we will use, disclose and protect this information once it is collected, and how you can opt-out of some of our uses and disclosures of your information. This Policy also applies to the information we collect in our stores and by phone. By visiting our Site or providing your information to us, you agree to the terms of this Policy as they may be amended from time to time.

Here are a few general principles to keep in mind as you read through this Policy:

  • As our business evolves, this Policy may change, so check back to this page periodically to make sure you understand how your personal information will be treated.
  • This Policy is incorporated into, and part of, our Terms of Use , which govern your use of the Site as a whole.
  • Our Site is intended for users who are located in the United States, and this Policy will be interpreted according to U.S. law.
  • Advertisements displayed to you on this Site and elsewhere may be customized to your interests and preferences based on your Personal Information and Site Usage Information collected through our Site unless you opt out by clicking here.

Opt In and Opt Out

You may have the right to opt in to or opt out of certain of our uses of your Personal Information. For example, when you are asked to provide Personal Information to us, you may have the opportunity to elect to, or not to, receive messages from us by e-mail or text message. You may tell us that you do not want to receive our promotional e-mails by clicking on an opt-out link within the e-mail you receive or please send us an email here. Please understand that it may take us a few days to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

What information do we collect?

Whenever you visit the Site, shop in our stores, or otherwise interact with Modnique or a Modnique affiliate, there is a good chance that we will collect Personal Information, Aggregate Information, or Site Usage Information about you or your visit.

Personal Information

"Personal Information" is information that can be used to identify you as an individual or allow someone to contact you. We collect Personal Information such as your name, month and day of birth, postal addresses, e-mail addresses, telephone numbers, wireless device addresses (including SMS and text message addresses), instant messaging addresses, credit card and other payment information, and demographic information in a variety of ways, including, but not limited to, the following:

  • When you shop in our stores, we may ask you, as permitted by applicable law, to provide Personal Information that we need to process your purchase or provide the services you request. We also collect information about your purchase, such as the items you bought, the price of the items, the payment method you used and if the product was on sale. In addition, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may have the ability to provide (at your option) Personal Information in addition to your comments.
  • If you call us for information about our products or for personal shopping advice, we may ask you to provide Personal Information so that we can properly respond to your requests and/or process your transactions.
  • When you visit the Site, you will be asked to submit Personal Information when you sign up for our e-mail newsletters, register for an account with us, create account recovery credentials, make purchases, enter sweepstakes and contests, complete surveys, contribute to a chat room, bulletin board, list serve, blog, wiki or other social forum on the Site, or send us a comment or question (including through a "contact us" or similar feature on the Site).
  • If you choose to enroll as a Modnique Insider Club member, we will collect Personal Information as part of the enrollment process. Once you enroll, we will collect information about your purchase history and membership level.

The "E-mail-A-Friend" tool provided on the Site and/or in our e-mails allows you to send information about our products and offerings to your friends and family members. If you use this tool, we will collect the name and e-mail address of your friend or family member. This information will not be retained by any system outside of auditing or used by Modnique to solicit existing or potential customers at any point after completing your request. The same rules apply to third party information that you give us when you send a card, gift, or gift certificate to a friend or family member through the Site.

Aggregate Information

Aggregate Information is information about groups of users or our users as a whole that does not specifically identify any single user, such as age, gender, types of products purchased, frequency of store visits, Site pages accessed most frequently, and search terms entered on the Site. As an example, the number of people who shopped at the Site during a specific time period or the number of 25-year-olds who shopped at our stores over the same period is Aggregate Information. Both the Site and our stores collect Aggregate Information as permitted by applicable law.

Site Usage Information

As is the case with many Web sites, our servers automatically collect your IP address when you visit the Site. We may also capture certain "clickstream data" pertaining to your Site usage. Clickstream data includes, for example, which operating system and Web browser software you use to access our Site and their settings, the referring page that linked you to the Site, the pages you visit on the Site, your purchase information, the next Web site you visit when you leave the Site, the ads you see and click on, and any search terms you have entered on the Site or a referral site.

In addition, we and our third party partners acting on our behalf may deploy cookies, local shared objects, pixel tags and other tracking technologies on the Site to collect additional information about your Site visits.

  • Cookies. We may use "cookies" to keep, and sometimes track, information about you. Cookies are small data files that are sent to your computer or device from a Web server. Cookies track where you travel on our Site and what you look at and purchase. They may store your Site viewing preferences, the information in your shopping cart, your account username, and/or your logged-in status. Cookies may also enable us to relate your use of our Site over time to other information about you, including your Personal Information, and to customize the Site for you. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Site or its features.
  • Local Shared Objects. Local shared objects, for example "Flash cookies," may be stored on your hard drive using a media player or other software installed on your computer or device. Local shared objects can also be placed on your computer or device using the latest Web site development technology, HTML5. Local shared objects operate a lot like cookies, but cannot be managed in the same way as cookies. Depending on the software installed on your computer that allows local shared objects to be used, you may be able to manage them through your software settings. For more information on managing Flash cookies, click here.
  • Clear GIFs. We may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies in the Site and/or in our communications with you. A clear GIF is typically a one-pixel, transparent image located on a Web page or in an e-mail or other type of message, which is used to help us verify your viewing or receipt of a Web page or message. Clear GIFs may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

Any or all of these activities with regard to Site Usage Information may be performed on our behalf by our services providers.

By using our Site, you agree to our use of these tracking technologies.


How is your information used?

We or one of our trusted partners may use the information we collect from and about you to perform the following business functions:

  • processing and fulfilling your transactions
  • administering the Site and your account with us (including, as applicable, customer satisfaction surveys)
  • responding to your requests, questions, and concerns
  • developing new features and offerings on the Site
  • sending you marketing communications, including information about products, services, and events that we think might interest you
  • protecting our rights and property
  • customizing our Site to your interests and history with us
  • tailoring ads displayed to you on our Site and elsewhere to your interests and history with us

To perform the above functions, we may match information collected from you through different means or at different times, including Personal Information, Aggregate Information, and Site Usage Information, and use such information along with information obtained from other sources (including third parties) such as demographic information and updated contact information. We or our partners may also use your information to assess the level of interest in, and use of, the Site, our e-mails and our other messaging campaigns both on an individual basis and in the aggregate.

Social Networking

We maintain presence on several social networking platforms, such as Facebook and Twitter, and we also incorporate some of their features onto our Modnique Site, such as Like It. Through these platforms and features, we receive some Personal Information and some Site Usage Information about you, and this Privacy Policy applies to that information as well. In some cases, information about how you use and interact with the Site will be published via your social networking account in accordance with your social networking account privacy settings. In addition, third party social networking platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information.

Do we share Personal Information and Site Usage Information with others?

Yes. Although we will not sell or rent your Personal Information, we may share the information we collect about you with others for a variety of reasons. In addition to the kinds of information sharing you might expect, such as sharing with third parties who need your information in order to provide services to us (or on our behalf) and sharing what you voluntarily post to public areas on the Site with other Site users, we may share your information:

  • with third parties for their marketing purposes (although we won't sell or rent it to them)
  • with our co-sponsor(s) if we obtain your information in connection with a contest, sweepstakes or other promotional activity that is jointly offered by us and any third parties
  • when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request
  • in connection with a corporate change including a merger, acquisition, reorganization, consolidation, liquidation, or sale of assets
  • if you participate in our magazine offer, in which case we will send your Personal Information to Synapse Retail Ventures, Inc. (d/b/a Magazine Rewards Center) and/or SynapseConnect, Inc. for purposes of fulfillment, and these parties may use such information in accordance with their own privacy policies

In addition, we may share Site Usage Information and other non-personally identifiable information about our users and user behavior (including Aggregate Information).

Text Message Service

We may seek to send messages to you on your wireless device via short message service ("Text Messaging"). If you sign up for Text Messaging, you agree to receive text messages from us at the address you provide for such purposes unless and until you elect not to receive such messages by following the instructions in the Opt In and Opt Out section above. You may opt out of Text Messaging at any time by following the instructions in the Opt In and Opt Out section above, but your wireless carrier's standard rates will apply to any messages you receive. You represent that you are the owner or authorized user of the device you use to sign up for Text Messaging, and that you are authorized to approve the applicable charges. You must be 18 years of age or older and reside in the United States to use our Text Messaging. You must first register and provide all required Personal Information, which may include, for example, your name, text address, wireless carrier, and billing information (if fees are applicable to the Text Messaging), which may be either your credit card information or mobile service carrier information. We may also obtain the date, time and content of your messages in the course of your use of Text Messaging. We will use the information we obtain in connection with our Text Messaging in accordance with this Policy. If fees are charged to your wireless account invoice, we may provide information to your carrier about them. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.

Your Access Rights

You may review, update or modify certain of the Personal Information that is stored in your user account on the Site by e-mailing us here. If you send us requests via e-mail, we may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies.

Children and Privacy

We are concerned about the safety of children when they use the Internet, and understand that children may not understand all the provisions of this Policy or make informed decisions about the choices that are available to them. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.

Our Site and affiliate sites are not directed to children under the age of 13, and we will not request personal information from anyone whom we know to be under the age of 13 other than as permitted by applicable law. If we learn that a user is under the age of 13 and has registered other than as permitted by law, we will remove his or her personal information from our files.

Security

While we endeavor to protect the security and integrity of sensitive Personal Information we collect, we cannot guarantee that information will be absolutely safe from intrusion during transmission, while stored on our system, or when otherwise in our care.

If you correspond with us by using the "contact us" feature on our Site, you should be aware that your transmission might not be secure. A third party could view the information you send in transit. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

If you create an account on our Site, you will be asked to set up an account and provide an email address and password. You are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security.

If we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please send us an email here


Consent to Processing

By providing Personal Information on the Site, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to U.S. law, which may provide lesser privacy protections than the laws of other countries.

"Linked-To" Web Sites

The Site may contain links, banners, widgets or advertisements that lead to other Web sites. We are not responsible for these other sites, and so their posted privacy policies (not this Policy) will govern the collection and use of your information on them. We encourage you to read the privacy statements of each and every Web site visited after leaving the Site to learn about how your information is treated by others.

Your California Privacy Rights

If you are a California resident, you may make a request for information about how we have shared your personal information with third parties for their direct marketing purposes. In response to your written request, we will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. Please send us an email here

Changes to this Privacy Policy

We may change this Policy from time to time. When we do, we will let you know by posting the changed Policy on this page with a new "Last Updated" date. In some cases, we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. Where required by applicable law, we will obtain your consent to the changes.

Contact Us

If you have any questions or comments regarding our privacy practices, please send us an email here

Effective Date: August 1, 2014



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