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DON ROBERTO JEWELERS, INC. PRIVACY POLICY

Last Updated: July, 2013

1. INTRODUCTION

AGREEMENT AND PARTIES. Don Roberto Jewelers, Inc. (“Company,” “us,” or “we”) respects the privacy of the visitors to the Don Roberto Jewelers, Inc. (“website” or “site”). This privacy policy (“privacy policy” or “policy”) is an agreement between Don Roberto Jewelers, Inc. and you, as the user of the Don Roberto Jewelers, Inc. website (“you”). This agreement tells you when this policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected.

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

AGREEMENT TERMS. All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site which require the information. If you do not agree with the terms of this policy or other terms of use on this website, then you should immediately exit this website and discontinue using the site. If you do not agree with the terms of our privacy policy and our terms of use posted here.

, please do not provide us with personal information, and leave this website. The terms of use of this site are expressly incorporated herein by reference and made a part of this policy. By using the Don Roberto Jewelers, Inc. website, you signify that you agree to the terms of this privacy policy as well as to our terms of use.

3. EFFECTIVE DATE AND CHANGES TO PRIVACY POLICY

EFFECTIVE DATES. This privacy policy is effective as of July 1, 2013 and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this site. You should check this policy periodically as its terms may change from time to time. Your continued use of the site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it.

4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

DISCLAIMERS. The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Don Roberto Jewelers, Inc.’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through this site. This privacy policy does not apply to any information we may collect from you in any place other than this website.

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.

6.2. COOKIES

We may also use cookies to gather information about your visits to our website and enhance your experience. More information on how we use cookies is available in the section “Use of Cookies.”

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

Don Roberto Jewelers, Inc. intends only persons who are 18 years or older to use this website. Personal registration information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy (see Section 6). Don Roberto Jewelers, Inc. is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.

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

PURPOSE OF LINKS. For your convenience and to improve the usage of the website we may insert links to third parties on this site. This privacy policy does not apply to such third party websites. These links take you outside our service and off the Don Roberto Jewelers, Inc.’s site and are beyond our control. This includes links from partners that may use Don Roberto Jewelers, Inc.’s logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our site, Don Roberto Jewelers, Inc. is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

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

CONTACT INFORMATION. If you have any questions or comments relating to our website or the privacy policy, send an e-mail to [email protected] or write Attn: Privacy Compliance Officer, 205 Avenida Fabricante, San Clemente, CA 92672.

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.DonRobertoJewelers.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Don Roberto Jewelers, Inc. (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found here https://www.donrobertojewelers.com/privacy-policy-cookie-restriction-mode/. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

 

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.

 

5. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

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.

 

11. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

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.

 

14. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California, USA in all disputes arising out of or related to the use of the Site or Service.

 

15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

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.

 

18. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and email notice of the change to you if you have opted to receive e-mails from Don Roberto Jewelers, Inc. The revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

19. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.