THE TORY BURCH FOUNDATION PRIVACY AND USAGE POLICY
UPDATED March 2019
TORY BURCH FOUNDATION, INC. (the “Tory Burch Foundation”) values the privacy of users of our websites, applications, and other online services (collectively, the “Website”). This Privacy and Usage Policy applies to information that we collect about you through the Website and does not cover any information collected offline by Tory Burch Foundation, including information collected at our events. To better protect your privacy, this policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain information. If our information practices change, we will post an updated policy on our Website. You can tell if the policy has changed by checking the revision date that appears on this policy. We shall not apply changes in our policy retroactively to information collected from you under a prior policy if, in the reasonable exercise of our discretion, we determine that the changes substantively affect your rights, unless we have given you notice of the changes of the policy and an opportunity to opt out. We will provide this notice to you by email if we have a current email address for you and otherwise by posting notice of the change prominently on the home page of our Website.
Information We Collect and How We Use It
PERSONAL INFORMATION YOU PROVIDE US:
We sometimes ask you to provide certain kinds of personal information while you are on our Website, including information that we collect from user forums, donation forms, online surveys, merchandise transactions, applications, contact inquiry forms, or service access registration forms. This information could include certain personal information (collectively, “Personal Information”) as follows:
• Mailing address
• Telephone number
• E-Mail address
• Credit card and/or banking information
• Job, fellowship, internship, or other positional related application information
• Business plans
• Revenue size
• Loan information
USE OF YOUR PERSONAL INFORMATION
We use the Personal Information we collect from our users for various general purposes, including to:
• permit you to access our services and participate in the Tory Burch Foundation community and provide resources including advice, tools and inspiration
• improve our Website, user experience and quality of service
• send communications about our products, services, and events
• prevent and detect fraud and abuse
• process information or claims in connection with the services
• respond to your questions and assist with any problems with our services
• process transactions upon user request
• enable our service providers to perform certain activities on our behalf
• comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes
We also may use your Personal Information for any other purposes disclosed to you at the time we collect the information, or otherwise with your consent.
INFORMATION WE COLLECT BY AUTOMATED MEANS
The Tory Burch Foundation may also receive and store certain type of non-personal information (collectively, “Non-Personal Information”). This information is for system administration and other internal business purposes and provides us statistical data about how you browse our Website. We use this information to deliver to you a better and more customized service.
The Non-Personal Information we collect includes:
• IP address, browser type, or operating system
• Your domain name and Internet service provider
• The date and time of your entry on the Website, the website you visited before you came to our Website, or the links that you use
• Information about the content you view and the features you access on the Website
We also may use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”), which are tiny graphic images, on our Website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our Website and our advertising. We work with service providers that help us track, collect, and analyze this information.
Pixel tags on our Website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the site. This information may include your device’s IP address, your browser type, your operating system, date and time information, and other technical information about your device. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.
OTHER AUTOMATED TRACKING
Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We also may work with business partners that use tracking technologies to deliver communications on our behalf across the Internet. These companies may collect information about your visits to our Website and your interaction with our advertising and other communications.
We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our communications, and for other internal business purposes.
OTHERS WITH WHOM WE MAY SHARE YOUR INFORMATION
We are not in the business of selling your information. We do not share, sell, lease or rent information about you to unaffiliated third parties. There are, however, certain circumstances in which we may share your information with certain unaffiliated third parties, as set forth below:
• Service Providers: We also may disclose information to outside companies that help us bring you the services we offer. For example, we may work with outside companies to: (a) manage a database of user information; (b) assist us in distributing emails; (c) assist us with direct marketing and data collection; (d) provide us data storage and analysis; (e) provide fraud prevention; (f) provide customer service, and (g) provide other services designed to assist us in maximizing our potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.
• Business Partners. We also may share your information with our business partners and other third parties, particularly in connection with their publication or other distribution or use of any of your content in accordance with the rights you have granted to us.
• Readers of your content. You may choose to submit stories or other content via our Website or otherwise to us. For example, in posting a testimonial online, you may choose to reveal your name, age, location, or other biographical information. In that case, we only share whatever Personal Information or other information you chose to include within that content.
• Compliance with Law: We may provide third parties access to your personally identifiable information when legally required to do so, to cooperate with legal proceedings, to protect against misuse or unauthorized use of our Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Website or the public.
• Transfer of a Business Asset: We may share your information to the extent reasonably necessary to proceed with the negotiations or completion of a merger, acquisition, or sale of all or a portion of our assets.
• With Your Permission: We may share your information with a third party to the extent you give us permission to disclose your information to such third parties.
LINKING TO OTHER SITES
While visiting our Website, you may link to sites operated by our partners, contributors or other third parties to whom we provide links on our Website. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
We publish an e-newsletter that is sent periodically to individuals on a subscribe listserv. You may subscribe or unsubscribe to our listserv at any time. Occasionally, we may send announcements about Tory Burch Foundation events, campaigns and products to the mail listserv.
If you have subscribed to receive our e-newsletter and later change your mind, you may contact us at firstname.lastname@example.org to be removed from our distribution lists. To be removed from our email lists, please click the unsubscribe button found at the bottom of any of the emails that we send you. Please allow us at least ten (10) business days from when the request is received to complete the removal, as some of our emails may already have been in process before you submitted your request.
The Tory Burch Foundation uses commercially reasonable measures to keep your Personal Information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of the Personal Information that we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Please note that email is not encrypted and is not considered to be a secure means of transmitting Personal Information.
We use what we consider to be industry-standard security technology in transferring information to process your donations and/or orders. All credit card transactions should take place in a protected area of our site, which is designed to reduce the risk of any loss, misuse or alteration of the information collected. When you have finished submitting your donation and/or orders and begin the checkout process, you should move into the protected area of our site. Once you’ve entered, the page address (URL) should change from http to https. Also, a key or a closed lock should appear in the lower right hand corner of your screen to notify you of this change. You should remain in this secure zone for the entire checkout process. Please check that you are still in this protected area when you type in your credit card details.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. We may, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
“SPOOFING” AND “PHISHING”
“Spoofing” or “Phishing” are common Internet scams. These may occur when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that the Tory Burch Foundation will NEVER send you an email requesting you to provide email credit card or bank information via email. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at email@example.com, as we will endeavor to investigate all instances of possible Internet fraud.
Our Website is not meant for children. We do not intentionally collect any Personal Information from children under the age of thirteen, and will dispose of any such information if we become aware that it has been provided to us. Our online contests or sweepstakes are generally restricted to entrants who are at least 18 years old or the age of majority in the jurisdiction where they are located, whichever is greater.
CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice 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. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Tory Burch Foundation, 11 West 19th Street, 7th Floor, New York, NY 10011. Please allow 30 days for a response.
In the event of a corporate reorganization or asset transfer, your Personal Information may also be transferred. By giving us your Personal Information you consent to those transfers occurring.
HOW TO CONTACT US
If you have any questions about your privacy or security on our Website, please contact us at firstname.lastname@example.org.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
Please be aware that as you visit and navigate this Website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. The Website may provide you with the opportunity to submit, post, or display content, such as comments, feedback, suggestions, ideas, opinions, messages, photos, images, text, materials, information, data, notes, graphics, designs, or any other communications or content (collectively, “Content”). You represent and warrant that you have the right to submit any Content that you upload to Website or otherwise provide to us and that such Content shall not infringe or violate the publicity, proprietary, and/or other intellectual property rights of any third party, or contain, reference, or depict any unlawful, offensive, or violent material or content.
For International Website Users: toryburchfoundation.org is hosted in the United States and is intended for and directed to users in the United States. By using this Website you are subjecting yourself to the laws and jurisdiction of the United States.
USER GENERATED CONTENT & THIRD PARTY CONTENT
By submitting Content on the Website, you represent that: (i) you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the Content that you submit; (ii) you have permission from all persons appearing in your Content to grant the rights granted herein; (iii) the use of the Content as described herein will not violate any law or the rights of any third party; (iv) you are above the age of 16; (v) if your Content shows a child that is under the age of majority in their state or locality of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo or video image for commercial use.
Submitting Content to the Website means that you automatically grant Tory Burch Foundation, and its third-party service providers and vendors, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid right and license to use that Content and your image, likeness, username, real name, caption, location or other identifying information in connection with your Content, for any lawful purpose whatsoever, including but not limited to any commercial advertising, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that Content to third parties for their lawful uses and purposes. Subject to applicable laws, you waive any moral rights that you or your licensors may have in any Content. Tory Burch Foundation is under no obligation to post or publish any Content that you may provide.
Although third-party or user-generated Content may be posted on the Website, the posting of such Content does not constitute Tory Burch Foundation’s endorsement of the Content. Tory Burch Foundation is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Content.
The Embrace Ambition Initiative
By submitting and/or contributing Content for the Embrace Ambition initiative, including biographical information, articles, photos, videos, or other content (the “Embrace Ambition Content”), you: (i) authorize the Tory Burch Foundation to use your name, voice, image, likeness, biographical information, and the name, voice, image, likeness, and biographical information of the woman you are celebrating, and any other Embrace Ambition Content, in any and all media at any time without limitation, including but not limited to in connection with the Tory Burch Foundation’s digital platform, marketing initiatives, and communications; (ii) assign, transfer, and convey to the Tory Burch Foundation any and all right, title and interest in and to any Embrace Ambition Content; (iii) represent and warrant that the Embrace Ambition Content will not violate or infringe upon the rights of any third party, including but not limited to the copyright and/or publicity rights of any third party; and (iv) represent and warrant that the Embrace Ambition Content will not contain, reference, or depict any unlawful, offensive, or violent material or content that, in the Tory Burch Foundation’s sole opinion, may tarnish the reputation of the Tory Burch Foundation. Without limiting the foregoing, you must have the permission of the woman you are celebrating before submitting the Content.
You may not use any of the Tory Burch Foundation trademarks or trade dress or any marks of Tory Burch LLC and/or its affiliates without our or Tory Burch LLC’s prior written permission. Trademarks or trade dress include the Tory Burch Foundation name and logos, and other graphics, logos, page headers, button icons, scripts, and names of Tory Burch’s products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned or licensed by the Tory Burch Foundation and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to processing a donation and/or placing an order on the Website. Any other use of any content on the Website, including linking or framing to this Website, are strictly prohibited unless you first obtain our prior written consent.
Except for information necessary to process your donations and/or orders or use our services, we do not want you to send to us any confidential or proprietary information through this Website. Any information, photos, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after a donation and/or order has been submitted, and to change or update information at any time without prior notice.
DISCLAIMER OF LIABILITY
We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, advice, tools and inspiration provided, or any of the information available on or through it nor do we assume any legal liability for the accuracy, completeness, or usefulness of any information provided or linked from this Website; all information is provided “as is,” with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
By visiting our Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website.