Online Privacy Notice 

Effective Date: August 6, 2020

We at David Yurman Enterprises LLC and David Yurman France SAS (“David Yurman”) respect your concerns about privacy. This Online Privacy Notice describes the types of personal information we collect at www.DavidYurman.com (the “Site”) and in our retail stores (“Stores”), how we use the information, with whom we share it and the choices available to users of our Site regarding our use of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements.  You can view the following region-specific information below

· European Union

· People’s Republic of China

· Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”)

INFORMATION WE COLLECT

The types of personal information users of our Site and customers in Stores submit include:

• contact information (such as name, postal address, telephone number and email address);
• date of birth and anniversary date;
• login credentials for the Site;
• payment information (such as payment card details); and

purchase and transaction information (including serial numbers for timepiece registration).

The provision of your personal information is voluntary. However, if you do not provide us with your personal information, we may not be able to provide you with our goods and services, fulfill your requests, or respond to your inquiries.

INFORMATION WE COLLECT BY AUTOMATED MEANS

When you use our Site, we may collect certain information by automated means, using technologies such as cookies, web server logs, web beacons (including tags and pixels from third parties such as Facebook (https://www.facebook.com/about/privacy/)) and JavaScript.

Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Site may use cookies (such as HTTP cookies) and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site or other websites and online services.

In conjunction with gathering information through cookies, our web servers may log information such as your device type, operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone where your device is located. The web server logs also may record information such as the address of the web page that referred you to our Site and the IP address of the device you use to connect to the Internet. They also may log information about your interaction with the Site, such as which pages you visit. To control which web servers collect information by automated means, we may place tags on our web pages called “web beacons,” which are small files that link web pages to particular web servers and their cookies. We also may send instructions to your device using JavaScript or other computer languages to gather the sorts of information described above and other details about your interactions with the Site. 

Our Site also uses third-party plug-ins for Instagram, Facebook, Pinterest, Twitter and YouTube. The providers of these plug-ins may collect your data using automated means when you interact with them. This information is collected directly by the providers of these plug-ins and is subject to the privacy policies or notices of these providers.

We may use third-party web analytics services on our Site, such as those of Google Analytics and Adobe Omniture. These service providers help us analyze how users use the Site. The information collected for this purpose (including your IP address or other information collected by automated means) will be disclosed to or collected directly by these service providers. To learn more about opting out of these providers’ activities, click the relevant link below:

• Google Analytics
• Adobe Omniture

HOW WE USE THE INFORMATION WE COLLECT

We may use the information described above to:

• provide products and services;
• create and manage your account;
• process your payment;
• to the extent permitted by applicable law and with your consent where required, send you catalogs and other promotional materials, and communicate with you about, and administer your participation in, special events, programs, offers, surveys and market research;
• respond to your inquiries;
• perform data analyses (including anonymization and aggregation of personal information);
• operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products and services; and performing accounting, auditing and other internal functions);
• protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements, relevant industry standards and our policies.

We also may use the information in other ways for which we provide specific notice at the time of collection.

To the extent permitted by applicable law and with your consent where required, we also use information collected through automated means for purposes such as (i) customizing our users’ visits to our Site, (ii) delivering content (including advertising) tailored to our users’ interests and the manner in which our users browse our Site, and (iii) managing our Site and other aspects of our business. To the extent permitted by applicable law, we also may use this information to provide you with ads about our products when you browse this and other websites.

ONLINE TRACKING

You may see our ads on other websites based on your visits to the Site because we engage in retargeting. For example, if you view a particular product on the Site, you may see an ad for that product on a third-party website. Our retargeting activities are handled by service providers that track your activity on the Site and third-party sites by using automated means such as cookies. Accordingly, to the extent permitted by applicable law, we and our service providers may collect information about our visitors’ online activities over time and across third-party websites. To learn how to opt out of retargeting, click here.

Our Site is not designed to respond to “do not track” requests from browsers.

INFORMATION WE SHARE

We do not sell or otherwise disclose personal information we collect about you, except as described in this Online Privacy Notice. We may share personal information with service providers who perform services on our behalf based on our instructions. These service providers include: to provide targeted and personalized content, offers and advertising; process credit card payments; and provide web hosting services.  We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share certain personal information with our affiliates for the purposes described in this Online Privacy Notice. In addition, to the extent permitted by applicable law and with your consent where required, we may share personal information with third parties whose products or services may interest you, or with third-party database providers that other companies may use for their own purposes, including marketing. You have the option to prevent disclosure of your information in connection with a marketing database. Accordingly, you may object at any time free of charge to the use of your personal information in connection with a marketing database or withdraw any consent you previously provided to us and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.

If you do not wish for your personal information to be used in connection with a marketing database for direct marketing purposes, or, where applicable, you wish to withdraw any consent you previously provided to us, you may ask us to opt out of this use by contacting us as specified in the How to Contact Us section of this Online Privacy Notice.

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government entities, and (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

NOTICE TO CALIFORNIA RESIDENTS

ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

You have the right, subject to certain exceptions defined in the California Consumer Protection Act (“CCPA”) and other applicable laws and regulations, to request that companies disclose certain information to you about their collection and use of your personal information over the past 12 months. This right of access includes information about:

•     the categories of personal information we collected about you;

•     the categories of sources for the personal information we collected about you;

•     our business or commercial purpose for collecting that personal information;

•     the categories of third parties with whom we share that personal information;

•     the categories of personal information that each recipient received; and

•     the specific pieces of personal information we collected about you.

DELETION REQUEST RIGHTS

You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that a company delete any of your personal information that it has collected from you and retained, subject to certain exceptions.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

•     emailing us at customercare@davidyurman.com; or

•     calling us at 1-888-398-7626.

The verifiable consumer request must:

•     Provide sufficient information that allows us to verify, to a reasonably high degree of certainty, that you are the person about whom we collected personal information.  This may include requesting that you provide us with at least two or more pieces of personal information to match against personal information about you that we may or may not maintain and which we have determined to be reliable for the purpose of verification.

•     Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

DO NOT SELL RIGHTS

You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that companies stop selling your personal information and refrain from doing so in the future.  You may exercise this right by:

•     clicking here;

•     emailing us at customercare@davidyurman.com; or

•     calling us at 1-888-398-7626.

We may deny a Do Not Sell request if we have a good-faith, reasonable, and documented belief that the request is fraudulent. 

AUTHORIZED AGENT

Only you, or a person you have designated in writing as your authorized agent, or who is registered with the California Secretary of State to act on your behalf, or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465, (“Authorized Agent”), may make a verifiable consumer request or do not sell request related to your personal information. You may also make a verifiable consumer request or do not sell request on behalf of your minor child.

If you wish to have an Authorized Agent make a request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information.

NON-DISCRIMINATION

You have the right not to receive discriminatory treatment for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

•     deny you services;

•     charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties;

•     provide you a different level or quality of services; or

•     suggest that you may receive a different price or rate for services or a different level or quality of services.

To the extent required by applicable law, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the How to Contact Us section of this Online Privacy Notice.

NOTICE TO NEVADA RESIDENTS

Nevada residents have the right to submit a verified request directing us not to sell their personal information. If you are a Nevada resident, and would like to submit such a request, please send your request to customercare@davidyurman.com. 

YOUR RIGHTS AND CHOICES

We offer you certain choices in connection with the personal information we collect from you. To update your preferences, ask us to remove your information from our mailing lists, or submit a request, please contact us as specified in the How to Contact Us section of this Online Privacy Notice. To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as specified below. You may withdraw any consent you previously provided to us or object at any time to the processing of your personal information, and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.

DATA TRANSFERS

We may transfer the personal information we collect about you through the Site to countries other than the country in which the information originally was collected, including to the United States. Those countries may not have the same data protection laws as the country in which you initially provided your information. When we transfer your information to other countries, we will protect that information as described in this Online Privacy Notice.

HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide on the Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

LINKS TO OTHER WEBSITES

Our Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

UPDATES TO OUR ONLINE PRIVACY NOTICE

This Online Privacy Notice may be updated periodically to reflect changes in our personal information practices. We will post a prominent notice on our Site to notify you of any significant changes to this Online Privacy Notice and indicate at the top of the notice when it was most recently updated, and/or take any further action required by law.

CHILDREN’S PERSONAL INFORMATION

Our Site is designed for a general audience and is not directed to children.  We do not knowingly collect or solicit personal information from children under the age of 13 (or other relevant age, as applicable, pursuant to relevant law) through our Site.  If we become aware that we have collected personal information from a child under such age, we will promptly delete the information from our records.  If you believe that a child under such age may have provided us with personal information, please contact us as specified below.

HOW TO CONTACT US

If you have any questions or comments about this Online Privacy Notice, would like to exercise your rights, or would like us to update information we have about you or your preferences, please contact our Senior Manager of Customer Care by email at customercare@davidyurman.com. You also may write to:

David Yurman Enterprises LLC
1250 Valley Brook Avenue, Suite 100

Lyndhurst, NJ 07071

Attn:  Senior Manager of Customer Care

European Union Addendum

If you are a resident of the European Union (the “EU”), the following EU-specific provisions apply to our processing of your personal information (i.e., personal data within the meaning of the General Data Protection Regulation (the “GDPR”)) in lieu of the relevant sections of this Online Privacy Notice:

·      We will collect the following categories of personal information through the Site:  contact information you have provided us; date of birth and anniversary date, your login credentials (if you have registered with us); personal information found in content you provide; and traffic data via automated means of processing (such as cookies).

·      We will process the information described above to provide products and services; create and manage your account; send you catalogs and other promotional materials; communicate with you about, and administer your participation in, special events, programs, offers, surveys and market research; respond to your inquiries; perform data analyses (including web analytics); operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; and performing accounting, auditing and other internal functions); protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; comply with and enforce applicable legal requirements, relevant industry standards and our policies; customize your visits to the Site; and deliver content (including advertising) tailored to your interests.

·      We use the information listed above in accordance with our legitimate business interests, in the interests of performing a contract with you, to comply with applicable legal obligations, or with your consent to the processing (where required), which you may withdraw at any time.

·      We may transfer the personal information we collect about you through the Site to recipients in countries other than the country in which the information originally was collected.  Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the U.S.), we will safeguard that information as described in this Online Privacy Notice and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information. David Yurman Enterprises LLC is certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks developed by the U.S. Department of Commerce, and the European Commission and Swiss Federal Data Protection and Information Commissioner, respectively.  See below to view our EU/Swiss-U.S. Privacy Shield Privacy Policy.  As of July 16, 2020, we no longer rely on the EU-U.S. Privacy Shield to transfer personal information to the U.S.

·       We retain your personal information as long as needed for the purposes for which we obtained it, which generally means for the duration of our relationship or as long as you keep your account open with us, plus a reasonable period to take into account the applicable statute of limitation period or to comply with mandatory applicable law.

·      Only authorized personnel of David Yurman, its affiliates and our service providers will have access to your personal information.

·      We will not share your personal information with any third parties (such as database providers) for those third parties to market their products or services to you without your consent. 

·      Some of our staff members (including our IT and marketing personnel) and our service providers are located in the United States.  They will have access to your information for global customer relationship management purposes or to perform services for David Yurman.

·      We require our service providers to process personal information only in accordance with our instructions and to ensure the security of the information.

·      In accordance with the GDPR, you have the right to access your personal information, to have your information rectified or deleted, and to restrict or object to the processing of your personal information. You also have the right to receive, in a structured, commonly used and machine-readable format, the personal information that you have provided to us about you, with your consent or based on a contract to which you are party. You have the right to have this information transmitted to another company, where it is technically feasible. You also may lodge a complaint with a data protection authority if you are not satisfied with our responses.

·      To exercise your rights, please contact us by email at customercare@davidyurman.com or write to us at:

David Yurman Enterprises LLC
1250 Valley Brook Avenue, Suite 100

Lyndhurst, NJ 07071

Attn:  Customer Care

·      We use the following categories of cookies on our Site.

o   Essential Cookies

These cookies are essential to use and navigate our Site. Essential cookies help us collect information, such as your session ID and other server information, that enables us to authenticate users.

o   Functionality Cookies

These cookies collect information about your choices or remember your preferences so we can show you relevant content. They allow us to identify your location and remember your language during a browsing session. 

o   Analytics Cookies

We use analytics cookies to collect information on how users navigate and use our Site, such as the pages they view, how long they stay on a page, and whether the page is displayed correctly or whether errors occur. Some of these cookies are provided by third-party analytics providers, including Google Analytics. For more information about these third-party providers’ cookies, please click on the links below:

                        Google Analytics

                        Qubit

·      For further information, please see below a list of the specific cookies that we use on our Site. We will not set any non-essential cookies on your device without your consent.

·       If you don’t want to allow cookies at all, or only want to allow use of certain cookies, please refer to your browser settings. You can use your browser settings to withdraw your consent to our use of cookies at any time and delete cookies that have already been set. Your browser help menu or the website www.allaboutcookies.org contains comprehensive information about the process of opting out of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site or other websites and online services.

·       For your convenience, we have provided links below to the cookie management instructions for popular web browsers:

o   Internet Explorer

o   Microsoft Edge

o   Google Chrome

o   Safari

o   Firefox

·      If you would like to opt out of third-party cookies relating to interest based advertising, please go to www.youronlinechoices.com/uk/your-ad-choices or www.aboutads.info. Note that opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns. Opting out of cookies and data collection from one browser, device or app will not necessarily opt you out of collection from all browsers, devices or apps.

People’s Republic of China Addendum

If you are a resident of China, in addition to the relevant sections of this Online Privacy Notice, the following China-specific provisions apply to our processing of your personal information:

·      We may process your personal information using automated processing methods to:

o   Communicate with you about, and administer your participation in, special events, programs, product introductions, offers and special promotions, surveys and market research; and

o   develop mailing lists to facilitate our communications with you, and use these lists to send emails to you from time to time that contain commercial advertising.

By providing your personal information to us, you consent to our use of your information for the purposes listed in (1) our Online Privacy Notice and (2) this Addendum.

Hong Kong Addendum

If you are a resident of Hong Kong, in addition to the relevant sections of our Online Privacy Notice, the following Hong Kong-specific provisions apply to our processing of your personal information for direct marketing purposes:

·      We intend to use your name and contact information to send you marketing and promotional materials about our products and services, and your consent is required in order for us to do so.

·      We also intend to share your name and contact information with our third-party vendors and our affiliates who provide services to better market products and services to you, and your written consent is required in order to do so.

EU/Swiss-U.S. Privacy Shield Policy

Last Updated: August 13, 2019

David Yurman Enterprises LLC (“David Yurman”) respects your concerns about privacy.  David Yurman participates in the EU-U.S. and Swiss-U.S. Privacy Shield (collectively, “Privacy Shield”) frameworks issued by the U.S. Department of Commerce.  David Yurman commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU, UK and Switzerland in reliance on the Privacy Shield.  This Privacy Shield Policy (the “Policy”) describes how David Yurman implements the Privacy Shield Principles for Consumer Personal Data.

For purposes of this Policy:

“Consumer” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an Employee.

“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Employee” means any current, former or prospective employee, contractor, intern or temporary worker of David Yurman, or any related individual whose Personal Data David Yurman processes in connection with an employment relationship, who is located in the EU, UK or Switzerland.

“EU” means the European Union and Iceland, Liechtenstein and Norway.

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by David Yurman in the U.S. from the EU, UK or Switzerland, and (iii) recorded in any form.

“Privacy Shield Principles” means the Principles and Supplemental Principles of the EU-U.S. and Swiss-U.S. Privacy Shield frameworks.

“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).

“UK” means the United Kingdom.

David Yurman’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/.  For more information about David Yurman’s processing of Consumer Personal Data with respect to information collected on its website, please visit David Yurman’s Online Privacy Notice.

Types of Personal Data David Yurman Collects

David Yurman obtains Personal Data about Consumers in various ways.  For example, David Yurman collects Personal Data directly from Consumers when Consumers visit David Yurman’s website.  The company may use this information for the purposes indicated in David Yurman’s Online Privacy Notice.

The types of Personal Data David Yurman collects directly from Consumers includes:

• Contact information (such as name, postal address, telephone number and email address);
• date of birth
• login credentials for David Yurman’s website;
• payment information (such as payment card details);
• purchase and transaction information (including serial numbers for timepiece registration);
• data collected automatically through David Yurman’s website (such as IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on David Yurman’s website and dates and times of activity); and
• other personal information found in content that users provide, such as through David Yurman’s website’s live chat function.

In addition, David Yurman obtains Personal Data, such as contact information and financial account information, of its vendors’ representatives.  David Yurman uses this information to manage its relationships with its vendors, process payments, and carry out David Yurman’s contractual obligations. 

David Yurman also may obtain and use Consumer Personal Data in other ways for which David Yurman provides specific notice at the time of collection. 

David Yurman’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.

Notice

David Yurman provides information in this Policy and the company’s Online Privacy Notice about its Consumer Personal Data practices, including the types of Personal Data David Yurman collects, the types of third parties to which David Yurman discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact David Yurman about its practices concerning Personal Data.

Relevant information also may be found in notices pertaining to specific data processing activities.

Choice

David Yurman generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer.  To the extent required by the Privacy Shield Principles, David Yurman obtains opt-in consent for certain uses and disclosures of Sensitive Data.  Consumers may contact David Yurman as specified below regarding the company’s use or disclosure of their Personal Data.  Unless David Yurman offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy. 

David Yurman shares Consumer Personal Data with its affiliates and subsidiaries.  David Yurman may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  David Yurman also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

Accountability for Onward Transfer of Personal Data

This Policy and David Yurman’s Online Privacy Notice describe David Yurman’s sharing of Consumer Personal Data. 

Except as permitted or required by applicable law, David Yurman provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers.  David Yurman requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify David Yurman and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles. 

With respect to transfers of Consumer Personal Data to third-party Processors, David Yurman (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with David Yurman’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify David Yurman if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request.  David Yurman remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless David Yurman proves that it is not responsible for the event giving rise to the damage.

Security

David Yurman takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation

David Yurman limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing.  David Yurman does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer.  In addition, to the extent necessary for these purposes, David Yurman takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current.  In this regard, David Yurman relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized.  Consumers may contact David Yurman as specified below to request that David Yurman update or correct relevant Personal Data. 

Subject to applicable law, David Yurman retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.

Access

Consumers generally have the right to access their Personal Data.  Accordingly, where appropriate, David Yurman provides Consumers with reasonable access to the Personal Data David Yurman maintains about them.  David Yurman also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  David Yurman may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated.  Consumers may request access to their Personal Data by contacting David Yurman as specified below. 

Recourse, Enforcement and Liability

David Yurman has mechanisms in place designed to help assure compliance with the Privacy Shield Principles.  David Yurman conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions David Yurman makes about its Privacy Shield privacy practices are true and that David Yurman’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

Consumers may file a complaint concerning David Yurman’s processing of their Personal Data.  David Yurman will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles.  Consumers may contact David Yurman as specified below about complaints regarding David Yurman’s Consumer Personal Data practices. 

If a Consumer’s complaint cannot be resolved through David Yurman’s internal processes, David Yurman will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield.  JAMS mediation may be commenced as provided for in the JAMS rules.  Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over David Yurman.  Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about David Yurman’s compliance with the Privacy Shield Principles.

How to Contact David Yurman

To contact David Yurman with questions or concerns about this Policy or David Yurman’s Consumer Personal Data practices:

Write to:

David Yurman Enterprises LLC
1250 Valley Brook Avenue, Suite 100

Lyndhurst, NJ 07071

Attn:  Customer Care

E-mail: customercare@davidyurman.com