Last Updated: July, 2013
4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
5. PERSONAL INFORMATION WE MAY COLLECT
TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, credit card or debit card number, or your Don Roberto Jewelers’ account number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.
6. GENERAL INFORMATION WE MAY COLLECT
TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any personal information.
6.1. CLICK STREAM DATA
When you visit our website we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.
7. USE OF GENERAL INFORMATION ABOUT YOU
USE OF GENERAL INFORMATION. We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following:
A. To facilitate your purchases and provide the services you request; to confirm and track your order; to respond to your inquiries and/or requests; to compare and review your personal information for errors, omissions and accuracy; to prevent and detect fraud or abuse;
B. To administer a content promotion survey or other site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest).
C. To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Don Roberto Jewelers, Inc. or its licensees or selected commercial partners. We send you this only if you have double-opted-in to receive e-mails from Don Roberto Jewelers, Inc. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, see Section 12.
D. To analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
8. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION.
8.1. SECURITY MEASURES
Don Roberto Jewelers, Inc. is committed to the protection of personally identifiable information that you share with us. We utilize a combination of physical and electronic security technologies, procedures and organizational measures to help protect your personally identifiable information from unauthorized access, use or disclosure.
8.2. RISK OF INTERCEPTION
Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Don Roberto Jewelers, Inc. strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.
9. NO USE OF THIS SITE BY PERSON UNDER 18 PERMITTED
9.1. REGISTRATION DECLINED
9.2. NOTICE CONCERNING CHILDREN
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a site user is under age 13, we will promptly delete any personal information in that user’s account.
10. THIRD PARTIES
10.1. SHARING INFORMATION WITH PERSONS OR ENTITIES WHO MANAGE THIS WEBSITE
Don Roberto Jewelers, Inc.’s websites and the personal information and general information collected are managed and controlled by Don Roberto Jewelers, Inc. located at 205 Avenida Fabricante, San Clemente, CA 92672. The servers that make Don Roberto Jewelers, Inc.’s websites available are located in El Segundo, California. If you are located outside California please note that the information you provide will be transferred to Don Roberto Jewelers, Inc., and by submitting the information you authorize this transfer. Don Roberto Jewelers, Inc. has entered into an agreement with Ignisis, the hosting company, located at 25152 Springfiled Ct., #120, Valencia, CA 91355, to provide safeguards for the protection of your data that are consistent with this policy.
10.2. DISCLOSING INFORMATION TO THIRD PARTIES
WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than Don Roberto Jewelers, Inc. for the purposes set out above, and except as described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We provide some of our services through contractual arrangements with trusted affiliates, services providers, partners and other third parties (collectively, “service partners”) to perform certain services on our behalf, including: shipping, payment processing, data storage/management, marketing, mailing, emailing etc. Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.
10.3. SECURITY AND LEGAL PROCESS
RELEASE OF INFORMATION. Don Roberto Jewelers, Inc. will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.
10.4. LINKS TO THIRD PARTIES
11. AUTOMATIC DATA COLLECTION DEVICES, SUCH AS COOKIES AND WEB BEACONS
COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
WEB BEACONS. Web Beacons (also called a Web bug or a pixel tag or a clear GIF), are used in combination with cookies. Web Beacon are placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail. Web beacons may be used to monitor the activity of the Site. Turning off your browser's cookies will prevent Web Beacons from tracking the your activity. Please be aware, however, that when you choose to turn off cookies, you may limit the functionality of the website you visit and you may lose access to some of its features.
12. DELETING OR MODIFYING PERSONAL INFORMATION
CHANGING YOUR INFORMATION. You may cancel your registration at any time, and you may opt out of receiving any e-mails from Don Roberto Jewelers, Inc. Additionally, you can choose to have all your personal information deleted from our database. You may opt out, or delete or modify your personal information, by visiting our website registration page at https://www.donrobertojewelers.com/customer/account/login/ and following the instructions provided. We encourage you promptly to update your personal information when it changes.
13. QUESTIONS OR COMMENTS
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to
someone else’s use of your account or password.
3. SITE USE. This site is provided solely for personal, noncommercial use.Download or copying of the materials on this site is only permitted for personal use. Any commercial use of the site and/or its contents is strictly prohibited. No right, title or interest in the materials is transferred upon such copying or downloading. Downloaded or copied materials or content may not be transferred, linked, reproduced, retransmitted or otherwise distributed without the express written consent of Don Roberto Jewelers.
4. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
6. PRODUCT IMAGES. Don Roberto Jewelers has attempted to accurately depict the images of our merchandise on the site. However, because individual computer monitors vary in the display of color and size, we cannot guarantee that the color or size depicted on your monitor will be accurate. Also, some of our photographs have been enlarged to show the merchandise detail.
7. PRICING. Don Roberto Jewelers makes every attempt to ensure that our online pricing and product information is accurate and complete. However, from time-to-time mistakes occur, and we reserve the right to correct any mistakes. At our sole discretion, we may refuse or cancel any order placed for merchandise with inaccurate or incomplete pricing or product information.
8. ORDER ACCEPTANCE. Don Roberto Jewelers makes every attempt to ensure that our online pricing and product information is accurate and complete. However, from time-to-time mistakes occur, and we reserve the right to correct any mistakes. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. COPYRIGHT. All contents of Site or Service are: Copyright © 2014 Don Roberto Jewelers, Inc., 205 Avenida Fabricante, San Clemente, CA 92672. All rights reserved.
13. TRADEMARKS. Don Roberto Jewelers and any other product or service name or slogan contained in our Site are trademarks of Don Roberto Jewelers and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without prior written permission of Don Roberto Jewelers or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Don Roberto Jewelers” or any other name, trademark or product name of Don Roberto Jewelers without or prior written permission. All other trademarks, registered trademarks, product names and Don Robert Jewelers’ names or logos mentioned in our Site are the property of their respective owners.
16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
17. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.