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:
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.
Cookie name and category |
Reason for use |
Party responsible for cookie |
Period for which cookie will remain on your device
|
HybrisSession Essential |
Maintain current user session information based on site |
AEM | Expires with the browser session |
JSESSIONID Essential | Holds Session
ID | AEM | Expires with the browser session |
Login-token Essential | Login token |
AEM | Expires with the browser session |
Essential | Flag to decide to display message about
cookie | AEM | Expires in 365
days |
Analytics | Number of times sites has been visited |
AEM | Expires in 30 days |
Analytics | Recently viewed products in the site
| AEM | Expires in 7 days |
Analytics | Count of promo clicks | AEM |
Expires in 30 mins |
Functionality | Entered zipcode in find in store |
AEM | Expires in 7 days |
Functionality | Flag to track sent email |
AEM | Expires in 2 mins |
Functionality | Numbers of item in cart |
AEM | Expired in 30 days |
HybrisCart Functionality | Guest user
cart id | AEM | Expires in 365 days |
_ga Analytics | Analytics |
Google Analytics | Expires in 2 years |
_gid Analytics | Analytics |
Google Analytics | Expires in 24 hours |
_qubitTracker Analytics | Analytics |
Qubit | Expires in 365 days |
· 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