LAST UPDATED: FEBRUARY 3, 2020
UPDATES TO THIS POLICY
PERSONAL INFORMATION WE COLLECT
We collect two types of information: Personal Information and Other Information. "Personal Information" is information that relates to you as an identifiable specific individual. "Other Information" is any information that cannot be tied back to you as a specific individual. Other Information is addressed below, under the heading "Other Information". We and our service providers may collect the following Personal Information:
- Postal address (including billing and shipping addresses)
- Telephone number
- Email address
- Credit and debit card number.
HOW WE COLLECT PERSONAL INFORMATION
- Financial institutions (e.g., your credit card company or your bank)
- Services providers
- Marketing partners
- Marketing and advertising agencies and networks
- Previous employers (if you are applying for a job with us)
- Background screening companies (if you are applying for a job with us)
HOW WE USE PERSONAL INFORMATION
Depending on the purpose, we may use various categories of information in order to achieve the effects you and we expect. As such, it is difficult to specifically call out which category of data will be used for which purpose as the context and circumstances may mandate we use Personal Information for multiple purposes. As such, we find it more useful to describe the purposes for which we and our service providers may use any Personal Information we have collected about you. To that end, we may use Personal Information about you:
- To respond to your inquiries and fulfill your requests, including to contact you if necessary
- To process and fulfill your order, for example by confirming your order and your billing and shipping information, processing your payments, delivering your products and communicating with you regarding your order
- To send you important information regarding the FDM Online Properties, changes to our terms, conditions and policies and other administrative information
- To send you information by email, postal mail, telephone and other means about our products, services, and other promotions
- To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us
- To analyze trends and statistics in connection with our businesses and Internet properties, including to measure the success of marketing campaigns and to compile statistics about usage and response rates
- To protect the security or integrity of our businesses and Internet properties
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain
HOW PERSONAL INFORMATION IS DISCLOSED
Similarly to how we use Personal Information, we may disclose Personal Information to service providers, and sometimes third parties, for various purposes. To this end, we may disclose Your Personal Information to the following entities for the purposes associated with each entity as noted below:
- To our third-party service providers, who provide services such as website hosting, data storage, data analysis, payment processing, order fulfillment, IT services and infrastructure, customer service, email delivery and administration, credit card processing, auditing and other similar services to enable them to provide services
- To our affiliated entities (collectively, our "Affiliates") for marketing and other purposes
- To selected third parties ("Promotional Partners"), to permit them to send to you marketing communications. FDM seeks to select as Promotional Partners only reputable companies that offer what we believe to be high-quality products and services
- To third-party sponsors of promotions
- To identify you to anyone to whom you send messages through the FDM Online Properties
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (please note that any information and materials that you post or disclose through such services will become public information, and may be available to visitors to the FDM Online Properties and to the general public; we urge you to be very careful when deciding to disclose your Personal Information, or any other information, on or through the FDM Online Properties)
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding) As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain
OTHER INFORMATION WE COLLECT
"Other Information" is any information that does not generally identify you as a specific individual, such as:
- Browser information
- Server log files
- Information collected through cookies, pixel tags and other technologies
- Physical location of your device
- Demographic information and other non-personally identifiable information provided by you
- Aggregated information
- Sometimes “Other Information” is actually capable of being connected to you as a specific individual. If that is the case, then the information is not “Other Information” but is “Personal Information,” and will have the same kinds of protections as Personal Information.
HOW WE COLLECT OTHER INFORMATION
We and our third-party service providers may collect Other Information in a variety of ways, including:
- Through your browser: Certain information is collected through most devices, such as your Media Access Control ("MAC") address, device manufacturer and model, device identifier, screen resolution, and the type and version of your operating system and browser. Through server log files: An Internet Protocol ("IP") address is a number that is automatically assigned to a device by an Internet Service Provider ("ISP"), and is identified and logged automatically in our server log files whenever a user visits the FDM Online Properties, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the FDM Online Properties.
- Honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
- Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some pages of the FDM Online Properties and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of users and email recipients, serve relevant marketing communications to you, measure the success of marketing campaigns and compile statistics about usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.
- Physical location: We and our service providers may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content, including for marketing purposes, based on the choices that have been made with respect to such uses. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our third-party marketing partners, such as our Promotional Partners, to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns, based on the choices that have been made with respect to such disclosures. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we, our service providers, and/or our third-party marketing partners may not be able to provide you with the applicable personalized services and content.
- From you: We and our service providers may collect demographic information such as your city, state or zip code of residence, as well as other information, such as your preferred means of communication, your gender and your date of birth, when you voluntarily provide this information to us or our service providers. You may also have the opportunity to provide us with information regarding major events such as weddings, child births and the purchase of a new home. We also maintain a record of your orders, purchases, exchanges, returns, in connection with the FDM Online Properties or our businesses. Unless combined with Personal Information, this information does not personally identify you or any other customer or potential customer of our businesses.
- By aggregating information: We and our service providers may aggregate Personal Information collected from our customers and potential customers, for example by using Personal Information to calculate the percentage of such individuals who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other customer or potential customer of our businesses.
HOW WE USE AND DISCLOSE OTHER INFORMATION
We may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your zip code with your name). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.
THIRD PARTIES AND THIRD-PARTY SITES
WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USAGE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTIES, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY THIRD-PARTY SOCIAL MEDIA PLATFORM (SUCH AS FACEBOOK INC.), ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH CERTAIN FDM ONLINE PROPERTIES ARE AVAILABLE (SUCH AS APPLE INC. OR GOOGLE INC.) OR ANY THIRD PARTY OPERATING ANY SITE TO WHICH THE FDM ONLINE PROPERTIES CONTAIN A LINK. THE INCLUSION OF A LINK ON THE FDM ONLINE PROPERTIES DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY US OR BY OUR AFFILIATES.
We may use third-party advertising companies to serve ads when you visit the FDM Online Properties. Please note that these companies may use information about your visit to the FDM Online Properties to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the FDM Online Properties, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.
DO NOT TRACK SIGNALS
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer ("SSL") technology for the placement of orders. Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures.
Please exercise caution in submitting Personal Information via the FDM Online Properties, especially if you are accessing the FDM Online Properties using a WiFi hotspot or public network. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised, or if you are unable to utilize our SSL technology in connection with the FDM Online Properties), please immediately notify us of the problem and place any orders with us over the telephone or in person, instead of using the FDM Online Properties. You may contact us in such circumstances in accordance with the "Contacting Us" section below.
YOUR PRIVACY RIGHTS
YOUR RIGHTS REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
You have certain rights regarding our use and disclosure of your Personal Information, regardless of whether such information is collected by us through the FDM Online Properties or otherwise. While these rights are not absolute, you generally have the right to 1) unsubscribe from promotional and marketing communications, 2) opt out of our selling your information to third parties, and 3) request deletion of Personal Information when there is no longer a legitimate reason to keep it. You can exercise these rights as follows:
- Receiving promotional emails or catalogs/source books from us: If you no longer want to receive promotional emails (such as information about new products, special offers and sales events) or catalogs/source books from us on a going-forward basis, you may “unsubscribe” from receiving such communications by: clicking the "unsubscribe" link or emailing us at email@example.com in any promotional email; for catalogs/source books; or contacting us in accordance with the "Contacting Us" section below. When contacting us, please include your full name and the email and/or postal address that you used when registering or making a purchase.
- Our sharing of your Personal Information with Affiliates, Promotional Partners and other third parties for their marketing purposes: If you no longer want us to share your Personal Information on a going-forward basis with our Affiliates, Promotional Partners and other third parties for their marketing purposes, you may submit a request to opt-out of such sharing by emailing us at firstname.lastname@example.org, or by calling +1.646.613.9660, or contacting us in accordance with the "Contact" section. In contacting us, please include your full name and the contact information that you no longer wish to be shared, and state specifically whether you wish to opt-out of such sharing with (a) Affiliates, (b) Promotional Partners and other third parties, or (c) both. Additionally, we may need to ask for additional information in order to ensure that the Personal Information related to your opt-out request actually relates to you and not some other person.
- Deletion of Personal Information where there is no longer a legitimate reason for us to keep it. If you no longer want us to retain your Personal Information on a going-forward basis, you may submit a request to delete your Personal Information by emailing us at email@example.com, or by calling +1.646.613.9660. In contacting us, please include your full name and the contact information that you wish to be deleted, and state specifically whether you wish to opt-out of sharing of your Personal Information with (a) Affiliates, (b) Promotional Partners and other third parties, or (c) both. Additionally, we may need to ask for additional information in order to ensure that the Personal Information relating to your deletion request actually relates to you and not some other person. Please Note: There are a number of reasons why FDM will retain your Personal Data even if you make a deletion request. Generally, we retain information to comply with legal obligations or to protect or defend our legal rights. However, applicable law also permits retention of your personal information for our own internal business needs. If we decline to delete data after you have requested deletion, we will respond to you with our reasons, and explain how your Personal Information will still be protected so long as we retain it.
- Access or Changing Your Personal Information. We welcome your request to update your information with us. You may submit a request to access or update your Personal Information by emailing us at firstname.lastname@example.org, or by calling +1.646.613.9660. Further, you may ask for a copy of the Personal Information we have collected about you for the last 12 months. In your request, please make clear what information you would like to have changed. Additionally, we may need to ask for additional information in order to ensure that the Personal Information you are accessing actually relates to you and not some other person. We are not responsible for changing information in the databases of Affiliates, Promotional Partners and other third parties with whom we have already shared your Personal Information. Note that you may not request copies of your Personal Information more than twice a year.
- We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our Affiliates, Promotional Partners and other third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt-out from receiving such administrative messages. For example, when you place an order, we will continue to confirm your order and shipment status by email. We may also need to contact you via telephone, email or postal mail with information or questions regarding your order.
USE OF FDM ONLINE PROPERTIES BY MINORS
The FDM Online Properties are not directed to individuals under the age of sixteen (16), and we request that these individuals do not provide Personal Information through FDM Retail Properties or the FDM Online Properties.
The FDM Online Properties are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
Please note that email communications are not always secure, so we request that you not include credit card information or other sensitive information in your email messages to us.