Privacy Policy

 

PRIVACY POLICY

  1. OUR COMMITMENT TO PRIVACY.

This Privacy Policy ("Privacy Policy") sets forth Birthstone, LLC’s (referred to as "Birthstone", "we," "us," "our") policies regarding the collection and use of information provided by you to Birthstone when you purchase a Birthstone product, request services or information from us, and when you visit Birthstone's website (the "Site"). Our Privacy Policy addresses how we may use your personal information, the choices you may have about how we use your personal information, and how we protect that information. Please read our Privacy Policy carefully. For the purposes of this Privacy Policy, "you," "your" and "yours" shall refer to you as a user of the Site and as a shopper for and owner of Birthstone products.

It is your responsibility to submit accurate information to Birthstone, the Site and Birthstone's authorized retailers. If you prefer that we not collect any personal information from you, please do not provide us with any such information. When you submit personal information to Birthstone, you hereby consent to the collection, use and disclosure of such information as set forth in this Privacy Policy. By using the Site, you are accepting the practices described in this Privacy Policy.

 

  1. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT.
  2. When you purchase a Birthstone product subject to our warranty program through one of our authorized retailers, in accepting the warranty terms, you consent to our receipt of, and we receive, your name, billing address, email address, phone number(s), and information about the specific item purchased. If you order a specific piece directly from us (for example, to replace a piece under our warranty, including the trade-up program), we may collect your name, billing and shipping addresses, email address, phone number and payment card (debit/credit) number or gift card number. We may receive additional information about you, including information about your jewelry shopping preferences, if you utilize our warranty and repair services.

Generally, you may browse our Site without providing any personal information. However, we may ask that you provide information, including personal information, at various times and locations on the Site when you track the progress of your warranty, order and/or repair. For example, you may be asked to provide information such as your name, address, phone number and email address. We may collect and store any personal information you enter on the Site.

  1. Information Collected Automatically. When you visit the Site, we store your IP address and monitor your activity on the Site. Also, in connection with your visit to the Site, we may collect and disclose to our service providers and business partners various categories of non-personally identifiable information, including, without limitation, aggregated statistics generated from visitors to our Site and purchasers of our products. Any such information disclosed to our service providers and business partners will not contain your personally identifiable information.

We use "cookies" to help you access and navigate the Site more efficiently and to statistically monitor how many people are using the Site. A "cookie" is a small file or tool stored on your hard drive containing information that allows us to deliver customized information to you. You may set your browser to notify you of or decline the receipt of cookies; however, certain features of the Site may not function properly or be available if your browser is configured to disable cookies.

  1. Information Collected by Third Parties. We may allow third parties to display advertisements on the Site. Birthstone and these companies may use tracking technologies, such as cookies, to collect information about you when you view or interact with these advertisements and connect to the Site. We do not provide any personal information about you to these third parties unless you have requested us to do so. This information allows Birthstone and these companies to deliver targeted advertisements on our Site and gauge their effectiveness.
  2. Emails You Send to Birthstone. When you send an email to Birthstone, either through the "Contact Us" area of the Site or otherwise, Birthstone may retain your email address and the contents of the email you send.
  3. Application for Employment. We collect personal information about you when you use our Site to apply online for a position with us.


  1. THE WAY WE USE INFORMATION
  • We may use personal information we receive about you from our authorized retailers or when you contact us to provide you with our warranty, replacement and/or repair services.
  • We may use personal information we receive from you to process an order you have made for our jewelry or to respond to your inquiries about our jewelry products or where to buy our jewelry.
  • When you provide us with your personal information, unless you instruct us otherwise (see, "Your Rights" section below), we may use your information to distribute to you information we feel may be of interest to you, including information about our trunk shows, special events, and service locations, and other marketing and promotional materials. We may also share your personal information with our authorized retailers to help us track and identify your purchase history and preferences for marketing purposes. We may share your information with our other business partners to provide you with products and services we believe will be of interest to you, as discussed below.
  • To improve our Site, we may use cookies to find out which parts of the Site are visited most often.
  1. WITH WHOM WE SHARE YOUR INFORMATION.

Except as otherwise provided in this Privacy Policy, we will not sell or share your personal information with unaffiliated third parties, which are not in our authorized retailer network or business partners subject to agreements with us, for their marketing purposes. However, we may share your personal information with our affiliates and with third parties under the following circumstances:

  1. To Effect Orders and Services You Have Requested.We may share your personal information with affiliates and third parties to complete a transaction or service you have requested from us or through us, including to act on orders you have placed for our jewelry or warranty and repair services.
  2. Affiliates and Others.Unless you have instructed us not to do so (please see "Your Rights" section below), we may share your personal information with our authorized retailers, service centers, content providers and other business partners (collectively, "Partners") with whom we may jointly market or cross-market our products and services, all of whom may use your information for marketing purposes similar to the purposes for which we collect such information, including, without limitation, providing you with an offer or promotion that we believe you will find valuable. Any of your personal information that is shared with our Partners is subject to their own privacy policies. Birthstone does not have control over or responsibility for the privacy practices of our Partners. If you have questions about how such Partners use your personal information, we encourage you to request and review their respective privacy policies.
  3. Service Providers.We may share your personal information with service providers and other parties performing services on our behalf. We require such parties to enter into confidentiality agreements with us to prevent the further disclosure of your information.
  4. Protection of Our Rights, Compliance with Law and Fraud Protection.We may disclose personal information about you in order to enforce your agreements with us or otherwise to protect our legal rights. We may disclose any information, including, without limitation, personal information, we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including, without limitation, personal information, with other companies and organizations for fraud risk reduction and related activities. Birthstone reserves the right to disclose personal information about you if we believe you have violated the Terms of Use posted on our Site or the warranty terms, even without a subpoena, warrant, or other court order.
  5. Sale or Transfer of Information, or Bankruptcy.We may disclose your personal information in connection with a potential or actual sale, merger, liquidation, dissolution, or transfer of the assets of Birthstone, or in the event of bankruptcy.
  6. Purposes Permitted by Law.We may use your personal information for other purposes permitted by law.


  1. THIRD-PARTY LINKS.

We may provide links to third-party websites on our Site. Please be aware that we cannot control and are not responsible for the information collection practices of such third-party websites, which may differ from those of Birthstone. We encourage you to review the privacy policies of these websites before providing your information to them.

  1. SECURITY PRACTICES.

We maintain a variety of physical, electronic, and procedural safeguards designed to protect your personal information from unauthorized access and disclosure. For example, we use commercially accepted tools and techniques to protect against unauthorized access to our systems. Our employees receive training on the appropriate handling of customer information, are required to agree to confidentiality policies regarding such information, and are subject to disciplinary actions in the event they misuse customer information. However, no Site or system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. In the event of a breach of the confidentiality of your personal information, we will attempt to notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the current email address(es) we have on record for you, and if you did not provide an email address, by regular mail.

Users should take care with how they handle and disclose their personal information to third parties. The Federal Trade Commission's website, http://www.ftc.gov/bcp/menus/consumer/data.shtm, provides useful information about how to protect yourself against identity theft.


  1. OUR SITE IS NOT FOR USE BY CHILDREN.

We do not knowingly market to, solicit information, or accept service from children under the age of 13 on our Site. If a child under 13 submits information about themselves to us through any part of our Site, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. We require that only persons 18 years of age or older use our Site.

  1. VISITING OUR SITE FROM OUTSIDE THE UNITED STATES.

Our Site is hosted in the United States and governed by United States law. If you are visiting the Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries may differ from, and may not be as comprehensive as, those in your country. By using our Site, you consent to your information being transferred to the United States to our facilities and to the facilities of those third parties with whom we share your information as described in this Privacy Policy.

  1. YOUR RIGHTS, OUR OBLIGATIONS.

You have some choices on how we use and disclose your personal information under certain circumstances. If you tell us that you do not wish to have your personal information used as a basis for further contact by us with you, or not be used further for our marketing and promotional purposes, or not be disclosed further for our Partners' marketing and promotional purposes, we will endeavor to respect your wishes (except to the extent we need to communicate with you about resolving ongoing transactions and service contracts you have with us or closing your account with us). You can also choose not to provide us with certain information.

You may instruct Birthstone to stop sending you certain promotional materials (e.g., e-mail messages, catalogues, postcards and letters) by following the "unsubscribe" instructions provided in those materials. However, we may continue to contact you to provide information regarding your warranty.

If you wish to opt-out of continued communications from us (direct mail, telephone, fax or e-mail communications), please email us at: customerservice@Birthstone.com. We will process your opt-out request as soon as reasonably practicable. We may keep, however, a record of your email address, phone number, name and physical address for the purpose of honoring your opt-out request.

If you wish to contact a representative about your privacy choices, please email info@birthstone.com or write to us at

Birthstone LLC

185 Great Neck Road

Great Neck, NY 11021


  1. HOW CAN I REVIEW, UPDATE OR CORRECT MY INFORMATION?

If you would like to review, update or correct your information, please email info@birthstone.com  or write to us at:

Birthstone LLC

185 Great Neck Road

Great Neck, NY 11021


  1. CHANGES TO THIS PRIVACY POLICY.

We will occasionally update this Privacy Policy to reflect changes in our practices. When we post changes to this Privacy Policy, we will revise the Effective Date at the top of this Privacy Policy. If we make any material changes to our Privacy Policy, we will attempt to notify you by sending an email to the current email address(es) provided by you or by sending you a notice by regular mail if you did not provide us with an email address, and/or by prominently posting notice of the changes on the Site. We recommend that you check the Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

  1. QUESTIONS ABOUT THIS PRIVACY POLICY AND OUR PRIVACY PRACTICES.
  2. If you have questions or concerns about this Privacy Policy or request that we not use your personal information for a particular purpose, please contact us (see "Your Rights" section above). We try to answer inquiries within a reasonable time.
  3. California Residents.California residents have the right to request that we disclose to you the personal information we have collected, used, and sold about you during the past 12 months. As stated above, we do not share such information with such parties unless you have requested us to do so or if you have made no such request, then subject to your right to opt-out of further sharing your personal information for third party marketing purposes (see "Your Rights" section above).You also have the right to request that we delete certain personal information we have collected from you, subject to certain exceptions. You have the right to opt-out of the sale of your personal information. Your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights; if you use multiple web browsers or devices, you will need to opt-out from each browser and device. Subject to certain limitations under California Civil Code § 1798.83, California residents may ask us to provide them with (a) 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 (b) the identity of those third parties.
  4. No Rights of Third Parties.This Privacy Policy does not create rights enforceable by third parties.