Privacy & Terms

Updated (10.2012)

PRIVACY POLICY

INTRODUCTION

This website (“Website”) is operated by AERIN Holdings LLC (“we”, “our”, or “us”). We value our customers and respect your privacy. We collect information about you through our Website in an effort to communicate with you about our products, services and promotions. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency, except that we may share your information under certain circumstances with outside consultants or companies, but only for the purpose of enabling those consultants or companies to help this site function or assist us in our business. This Privacy Policy only covers information collected through this Website, and does not cover any information collected offline by us, including information collected by our 3rd Party Wholesale Retail partners.

This Privacy 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 Privacy 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 Privacy Policy on our Website. You can tell if the Privacy Policy has changed by checking the revision date that appears on this Privacy Policy.

TYPES OF INFORMATION COLLECTED

We will collect two types of information from you: information that specifically identifies you (“Personal Information”) and information that does not identify you as a person (“Non-Personally Identifiable Information”)

PERSONAL INFORMATION

We sometimes ask you for certain kinds of Personal Information to provide the services you request. This information includes:

  • Shopping – Through this website, you will be able to purchase AERIN products. We ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship the items to you. If you elect to be added to the World of AERIN email list, we may use your Personal Information to communicate with you about our products, services and promotions.
  • My Account – You have the opportunity to create a personal shopping account with AERIN, which allows you to shop faster and easier. Using an email address as your user name and password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize AERIN to store your name and email address. Should you elect to do so, you may also include in your ‘My Account’ your telephone number, payment card information, and shipping and billing addresses. If you choose to include such additional information then you are authorizing AERIN to store such information until such time you elect to change or delete it. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our Website, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information will still be stored with us, it will not be accessible to anyone else from that computer.

    Through the “My Account” feature, you may create a Wish List of products you want and share the items on your list by copying and pasting the URL. You may elect to make this Wish List public, so that friends and family can search for you by either name or email address.
  • Email List – When you create an account with AERIN, you will be given the option to be added to the World of AERIN email list. Whether or not you select this option; your Personal Information will never be sold to anyone. Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at SERVICE@AERIN.COM and include your name and the address in the message, or click the unsubscribe button found at the bottom of the emails we send you.
  • Purchases – When you place an order, you will be asked to provide your credit card information. AERIN does not store credit card information unless you choose to include it in your “Account” (see above).
  • Customer Service – If you call Customer Service, we may ask for information such as your name, email address, mailing address, telephone number, and if you choose to make a purchase, your credit card information. We use this information to assist you and to process your transaction.
  • Surveys, Sweepstakes and Promotions – On this Website, you may be able to participate in surveys, sweepstakes and promotions. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number and interests or product preferences. This Personal Information is used to enter in to our contests, sweepstakes and promotions. We may use this information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
  • Email to a Friend – You may be able to share certain content from this website with your friends. In order to do so, we may ask for information such as your name, email address, zip code and telephone number. We will not include any other advertisements within the message sent your friends, and we will not collect the emails of any friends to who you share content unless such friends choose to be added to our email list.

NON-PERSONALLY IDENTIFIABLE INFORMATION

Cookies

Several of our functions may use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember when you return to our Website. Cookies also hold information a site may need to personalize/enhance your experience and to gather Website statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider’s domain name and the addresses of the sites visited immediately before coming to and immediately after leaving www.aerin.com. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets us trace your ‘clickstream’ activity (i.e. the paths taken by visitors to our site as they move from page to page). This enables us to better serve our customers by revealing which portions of our site are most popular. Cookies contain absolutely no Personal Information. You may disable cookies on your browser. Please review your browser’s instructions for doing so.

Analytical Tools

We may also use various analytical tools in connection with the Website 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 Website. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the web site you visited immediately before coming to the Website. This information is collected anonymously, and none of this information is identified with you as an individual or contains any Personal Information.

USE OF YOUR PERSONAL INFORMATION

We use the Personal Information we collect for various purposes, including:

  • Processing transactions upon your request
  • Improving our Website, customer shopping experience and quality of service
  • Sending communications to you about our products, services and promotions
  • Preventing and detecting fraud and abuse
  • Processing information or claims in connection with incidents at our stores
  • Enabling our service providers to perform certain activities on our behalf
  • Complying with our legal obligations, policies and procedures and for internal administrative and analytical purposes.

OTHERS WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION

Affiliated Companies and Service Providers: We may also disclose your Personal Information to our affiliated companies and to consultants and/or outside companies that help us operate and maintain our Website and provide the products and services we offer. For example, we may work with such consultants and/or outside companies to: (a) manage a database of customer information (b) assist us in distributing emails (c) assist us with direct marketing and data collection (d) provide us with data storage and analysis (e) provide fraud prevent (f) provide customer service by phone and (g) engage in other services designed to assist us in developing, operating and maintaining our Website and maximizing our business potential. We require that our affiliated companies and these consultants and outside companies agree to keep confidential all Personal Information we share with them and to use the Personal Information only to perform their obligations in their agreements with us.

Compliance with Law: We may provide access to your Personal Information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Website, to limit our legal liability and protect our rights, and to protect the rights, property or safety of visitors to this Website and the public.

Transfer of Assets: In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred and will be disclosed during the process of negotiating such business transition, pursuant to a suitable confidentiality order.

LINKS TO OTHER SITES

While visiting our Website, you may link to sites operated by third parties or you may have come to our Website by clicking on a link in another website. This does not mean that we endorse these websites or the goods/services advertised or offered on those websites. We do not make any representations or warranties about any third-party website that you may access through our Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.

In addition, our privacy practices may differ from those of these other websites. If you provide Personal Information at one of those other websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website’s privacy policy before providing any Personal Information.

SECURITY

We go to great lengths to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of Personal Information 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. In addition, it is our policy to never send your credit card number via e-mail. Our customer service team operates over a private and secure network. Please note, however, that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card or other Personal Information.

We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our Website, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our Website. Once you’ve entered, the page address (URL) will change from http to https, to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.

Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we use every reasonable means to ensure the security of information you transmit to us, we cannot guarantee that third parties will not interpret such information. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

OPT-OUT

You will receive promotional emails from us only if you have asked to receive them. If you do not want to receive e-mails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

“SPOOFING” AND “PHISHING”

A common Internet scam is known as ‘spoofing’ or ‘phishing’. This occurs when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that we will NEVER send you an email requesting you to verify credit card, bank information, or any other Personal Information. 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 inquiries@aerin.com, as we will investigate all instances of possible Internet fraud.

CHILDREN’S PRIVACY

Our Website is not meant for children, and we do not collect any Personal Information from children under the age of thirteen. We will remove from our files any Person Information of anyone we discover to be under thirteen years old.

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 affiliate’s’ 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: AERIN Holdings LLC, 595 Madison Avenue, 5th Floor, New York, NY 10022; Attn: Customer Service or by email to: inquiries@aerin.com. Please allow 30 days for a response.

YOUR CONSENT

You acknowledge that this Privacy Policy is part of the Terms of Use and you agree that using our Website signifies your assent to our Privacy Policy and related Terms of Use provided above, is subject to all applicable laws and is undertaken at your own risk. We reserve the right to change this Privacy Policy at any time, without advance notice if we decide to change our Privacy Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it.

Terms of Use

This website (“Website”) is operated by AERIN Holdings LLC (“we”, “our”, or “us”). Please read the following terms and conditions (the ‘Terms of Use’) carefully before using the Website. By accessing this Website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Website. We recommend that you keep a printed copy of these Terms of Use for future reference.

INTELLECTUAL PROPERTY OWNERSHIP AND USE

Please be aware that as you visit and navigate the Website, your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

TRADEMARKS

We own all rights in and to the AERIN trademark and other trademarks and logos that appear on our site. In addition, some other trademarks may appear on our Website that are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

COPYRIGHT

All designs, text, graphics, 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 by us or used with permission by us 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 placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing this Website, is strictly prohibited unless you first obtain prior written consent from us or the owner of the material you wish to use.

INFRINGEMENT NOTICE

We respect the intellectual property rights of others and require that our users do the same. If you believe your work is being used in connection with our Website in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: _____________@aerin.com.

In order for us to more effectively assist you, the notification must include all of the following:

  • A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
  • A description of the copyrighted work or other right you claim has been infringed or violated;
  • Information reasonably sufficient to locate the material in question on the Website;
  • Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

NON-CONFIDENTIAL INFORMATION

Except for information necessary to place an order, do not send to us any confidential or proprietary information through this Website and do not send us any such confidential information by any means other than through the secure ordering portion of our Website. Any information, materials, suggestions, ideas or comments otherwise 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 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, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and your monitor could affect the accuracy of the display and the colors and look of products shown on the Website. If you believe that a product offered by us is not as described, your sole remedy is to return it to us for a refund in unused condition.

DISCLAIMER OF WARRANTY

We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; this Website 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 website linked to it.

We make no representations or warranties of any kind that the Website will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Website or the server that houses it are free of viruses or bugs or are fully functional, accurate, or reliable.

LIMITATION OF LIABILITY

We will not be liable for any economic losses, damage to property or data, or any loss of goodwill or reputation, or any other special or indirect or consequential losses arising out of your use of the Website. 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.

If you are dissatisfied with any product you order from us or if you receive late delivery of a product, your sole remedy is to return the unused product to us for a full refund.

ORDERS

Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR YOUR ACCOUNT.

APPLICABLE LAW

By visiting aerin.com, 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 us or any of our affiliates regarding your visit and use of our website.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

YOUR CONSENT

You acknowledge that the Privacy Policy as well as any other terms or policies stated on our Website are part of the Use, and that using our Website signifies your consent to our Privacy Policy, any other terms or policies, and the Terms of Use provided above. You also agree that by using this Website, you are subject to all applicable laws, and that the Website’s use is undertaken at your own risk. We reserve the right to change these Terms of Use at any time, without advanced notice. If we decide to change our Terms of Use, we will post those changes on this page.