Privacy Policy

TORY BURCH PRIVACY & USAGE POLICY

May 20, 2015

Introduction

Tory Burch LLC (together with its affiliates “Tory Burch”) values its customers and respects their privacy. This Privacy and Usage Policy applies to personal information that we collect about you in the United States, including but not limited to data collected through our websites, mobile applications (collectively the "website") and in our stores. This information is used to improve your shopping experience and to communicate with you about our products, services and promotions. Neither your name nor any of your personal information is sold to any other non- affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with business partners that help this site function or assist us in fulfilling or servicing your order. Personal information that we collect about you outside of the United States shall be governed by separate privacy policies.

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.

Tory Burch complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. To learn more about the Safe Harbor program, and to view Tory Burch’s certification, please visit http://www.export.gov/safeharbor/.

Information We Collect & How We Use It

We sometimes ask you for certain kinds of personal information to provide the services we offer. By providing your personal information as set forth herein, you are authorizing Tory Burch to store and use your information accordingly. This information includes:

  • Shopping: We may 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 Tory Burch marketing list, we may use your contact information to communicate with you about our products, services, surveys and promotions.
  • My Account: You have the opportunity to create a personal shopping account with Tory Burch, which allows you to shop faster and easier. Using a user name and a 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 Tory Burch 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 also authorizing Tory Burch to store such information accordingly. 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.

    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.

    When you create an account with Tory Burch, you will be given the option to be added to the Tory Burch marketing list. Whether or not you select this option, your personal information will never be sold to anyone and except as specifically provided herein, your personal information will not be shared.

  • Email List: You may also sign up on the website to receive promotional emails from Tory Burch. To sign up we may ask for information such as your name, email address, mailing address, telephone number, gender, age, birthday and preferences. Subscriptions to the email list can be cancelled at any time.
  • Removal from Lists: To be removed from our marketing list, please email us at inquiries@toryburch.com. You may also click the unsubscribe button found at the bottom of the emails in order to be removed from emails that we send you. Please allow us at least ten (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.
  • Customer Care: If you call, email or chat with our Customer Care center, 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 or review your transaction. When you place an order through Customer Care, you will be asked to provide your credit card information. Tory Burch does not store your credit card information unless you choose to include it in your “My Account” (see above).
  • Surveys, Sweepstakes & 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 information is used to enter you into our contests, sweepstakes and other 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, as well as for your friends’ contact details, in order for Tory Burch to fulfill your request, on your behalf and under your sole responsibility as regards to their consent to receive a message from you via this service.
Information We Collect By Automated Means

Cookies
We may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our website.

We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive.

Cookies help us to improve our website and to deliver a better and more customized service. They enable us:

  • To estimate usage numbers and patterns
  • To store information about your preferences, and to allow us to customize our website according to your individual interests.
  • To speed up your searches.
  • To recognize you when you return to our website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the website or unable to avail yourself of some of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our website. Additionally, if a browser is set to issue a “do not track” signal, we do not place tracking cookies on this browser.

Pixel Tags

We also 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 website. 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.

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 work with business partners that use tracking technologies to deliver advertisements 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 advertising, and for other internal business purposes.

Mobile Location Analytics Data

We may use tracking technology to collect certain information about your Wi-Fi enabled mobile device, including the presence of the device in our stores, its signal strength, its manufacturer, and a unique identifier known as its Media Access Control (“MAC”) address (collectively, “Customer Mobile Device Data”). This Customer Mobile Device Data may be collected for the purpose of determining the amount, location and frequency of customer traffic into our stores. A mobile device’s MAC address identifies a specific device to the surrounding Wi-Fi networks. The MAC address does not disclose the identity or any other personal data of the mobile device user.

You may opt-out of having your MAC address recorded by visiting the following link and entering your mobile device’s MAC address: https://optout.smart-places.org/

To learn more about the use of Customer Mobile Device Data and your choices, please visit: www.smartstoreprivacy.com

Use of Your Personal Information

We use the information we collect from our customers for various purposes, including:

  • Process transactions upon their request.
  • Improve our stores, website, customers shopping experience and quality of service.
  • Determine the amount, location and frequency of customer traffic into our stores.
  • Send communications about our products, services surveys and promotions.
  • Prevent and detect fraud and abuse.
  • Process information or claims in connection with incidents at our stores.
  • 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.
  • Combine information obtained in store and online for the purposes identified above.
Others with Whom We May Share Your Information

Service Providers: We may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company 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 data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone; and (g) provide other services designed to assist us in maximizing our business 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 and in a manner consistent with this Privacy and Usage Policy.

Compliance with Law: We may provide access to 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.

Links to other sites

While visiting our website, you may link to sites operated by our business partners or other third parties. 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 Tory Burch 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 sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Tory Burch Privacy and Usage Policy. Please make sure you understand the other site's privacy policy before providing personal information.

Security

Tory Burch uses commercially reasonable measures to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable 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 email. Our customer service center and stores also operate over a private, secure network. Please note, however, that email is not encrypted and is not considered to be a secure means of transmitting credit card information.

We use what we consider to be industry standard security technology in transferring information to process your orders. All credit card transactions should take place in a protected area of our website, which is designed to reduce the risk of any loss, misuse or alteration of the information collected. When you have finished shopping and begin the checkout process, you should move into the protected area of our website. 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 will 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 Tory Burch will NEVER send you an email requesting you to verify credit card or bank 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@toryburch.com, as we will endeavor to investigate all instances of possible Internet fraud.

Children's Privacy

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 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 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 LLC, 11 West 19th Street, 7th Floor, New York, NY 10011, Attn: Customer Care or by email to inquiries@toryburch.com. Please allow 30 days for a response.

Your Consent

You acknowledge that this Privacy and Usage Policy is part of the Terms of Use and you agree: (1) that using our website signifies your assent to Tory Burch's Privacy and Usage Policy and related terms of use provided above; (2) that such policy is subject to all applicable laws; and (3) your use is undertaken at your own risk. Tory Burch reserves the right to change this Privacy and Usage Policy at any time, without advance notice. As described above, if we decide to change our Privacy and Usage 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. In the event of a corporate reorganization or asset transfer, your personal information may also be transferred. However, use of your personal information will remain subject to this Privacy and Usage Policy. By giving us your personal information you consent to those transfers occurring.

SAFE HARBOR PRIVACY POLICY

Tory Burch’s practices regarding the collection, storage, transfer, use and other processing of personal information for European citizens follow the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement.

    HOW TO CONTACT US

    If you have any questions about your privacy or security on our website, please contact us at inquiries@toryburch.com.

    For European citizens, Tory Burch has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if you believe that Tory Burch has not satisfactorily addressed your complaint please visit the BBB EU SAFE HARBOR website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

    TERMS OF USE

    May 19, 2015

    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 & Use

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

    For International Website Users: The website 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.

    Trademarks

    You may not use any of the Tory Burch trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Tory Burch name and logos, and other graphics, logos, page headers, button icons, scripts, and service 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.

    Copyright

    All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Tory Burch and/or its affiliates 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 to this website, are strictly prohibited unless you first obtain our prior written consent.

    Non-Confidential Information

    Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, 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 & 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 website 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.

    Shipment of Order

    Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on toryburch.com. All purchases from toryburch.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

    Disclaimer of Liability

    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; they are 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.

    Applicable Law

    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.