Privacy Policy

PRIVACY POLICY  

Effective Date: September 1, 2012

Introduction

Welcome! You have arrived at one of The Last Closet website (“Site”) (however accessed and/or used, whether via personal computers, mobile devices or otherwise), which is owned and operated by The Last Closet (“The Last Closet” or “we,” “our” or “us”).  This privacy policy (“Privacy Policy”) explains The Last Closet’s information collection practices at the Site, such as the types of information The Last Closet collects regarding visitors to the Site and how we may use that information.  This Privacy Policy also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Site; or (iii) interact with the Site and post this Privacy Policy.  In addition, please review the Site’s Terms of Use which governs your use of the Site.

 Table of Contents

1)  What Information Do The Site Collect?

            a) Information You Provide To Us

            b) Information We Collect As You Access And Use The Site

            c) Information Third Parties Provide About You

            d) Information You Provide About A Third Party

2)  How Do We Use The Information Collected?

3)  How and When Do We Disclose Information To Third Parties?

             a) When You Agree To Receive Information From Third Parties

             b) Third Parties Providing Services on Our Behalf

             c) Co-branded Areas

             d) Sweepstakes, Contests And Promotions

             e) Administrative and Legal Reasons

             f) Business Transfer

4)  What About Information I Disclose Publicly?

            a) User Generated Content and Public Information

            b) Name and Likeness

5)  Does Third Party Content And Links To Third Party Site Appear on The Site?

6)  How Do I Change My Information And Communication Preferences?

7)  What About Consent To Transfer Information To The United States?

8)  What Should Parents Know About Children?

9)  What About Security?

10) What About Changes To The Privacy Policy?

11) What Are “Your California Privacy Rights?

 

1. What Information Does The Site Collect?

(a) Information You Provide To Us

Personal Information and Demographic Information.  On the Site, we may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, date of birth and physical address (“Personal Information”); and (2) demographic information, such as information about your family (“Demographic Information”).  We may collect this information through various forms and in various places on the Site, including account registration forms, contact us forms, or when you otherwise interact with us.

(b) Information We Collect As You Access And Use The Site

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Site (“Usage Information”).  This Usage Information may include the browser that you are using, the URL that referred you to our Site, all of the areas within our Site that you visit, and the time of day, among other information.  We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Site.  In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer or other device used to access the Site (any, a “Device”).  A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier.  Usage Information may be non-identifying or may be associated with you.  Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):

Cookies.  A cookie is a data file placed on a Device when it is used to visit the Site.  A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages.  If you choose to disable cookies or Flash cookies on your Device, some features of the Site may not function properly.

Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and messages.  Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon.  Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.  The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

(c) Information Third Parties Provide About You

We may, from time to time, supplement the information we collect about you online with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you.  We may combine the information we receive from those sources with information we collect through the Site.  In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

(d) Information You Provide About A Third Party 

If you send someone else a communication from the Site, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.  Please be aware that when you use any send-to-a-friend functionality on our Site, your e-mail address may be included in the communication sent to your friend.

2. How Do We Use The Information Collected?

Use of Information by Us.  We may use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Site’s features such as online entry sweepstakes, contests or other promotions; (3) to process your registration with the Site, including verifying your information is active and valid; (4) to improve the Site or our services, to customize your experience on the Site, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Please note that information submitted to the Site via a “contact us” or other similar function may not receive a response.

3. How and When Do We Disclose Information to Third Parties?

We may share non-personally identifiable information, such as aggregated user statistics, with third parties.  We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

(a) When You Agree To Receive Information From Third Parties. 

You may be presented with an opportunity to receive information and/or marketing offers directly from third parties.  If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties.  We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them.  If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

(b) Third Parties Providing Services on Our Behalf.

We may use third party vendors to perform certain services on behalf of the Site, such as hosting the Site, designing and/or operating the Site’s features, tracking the Site’s analytics, and enabling The Last Closet to send you special offers or performing other administrative services.  We may provide these vendors with access to user information, including Personal Information, to carry out the services they are performing for you or for us.  While we may use third party analytics service providers to evaluate and provide us with information about the use of the Site and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.

(c) Co-branded Areas. 

Certain areas of the Site may be provided to you in association with third parties (“Co-Branded Areas”) such as sponsors, charities and political organizations and may require you to disclose Personal Information to them.  Such Co-Branded Areas will identify the third party.  If you elect to register for products and/or services at Co-Branded Areas, you may be providing your information to both us and the third party.  Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Site, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area and will be subject to the posted privacy policies.

(d) Sweepstakes, Contests and Promotions.

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Site that may require registration.  By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.  If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

(e) Administrative and Legal Reasons.

We may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Site’s Terms of Use or other policies applicable to the Site, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Site or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues.  Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion.  Such disclosures may be carried out without notice to you.

(f) Business Transfer.

We may share your information, including your Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons.  We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

4. What About Information I Disclose Publicly?

(a) User Generated Content and Public Information.

The Site may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”).  We or others may reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed).  Others may have access to this User Content and may have the ability to share it with third parties across the Internet.  Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content.  Please note that The Last Closet does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.  This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the Site.  We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Site.

(b) Name and Likeness.

We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.  For full terms and conditions regarding User Content you submit to the Site, please review our Terms of Use

5. Does Third Party Content And Links To Third Party Site Appear on the Site?

The Site may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from the Site are served to your browser.  In addition, when you are on the Site you may be directed to other site that are operated and controlled by third parties that we do not control.  We are not responsible for the privacy practices employed by any of these third party site.  For example, if you “click” on a banner advertisement, the “click” may take you off the Site onto a different web site.  These other web site may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies.  We encourage you to note when you leave our Site and to read the privacy statements of all third party web site before submitting any Personal Information to those site.

6. How Do I Change My Information And Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration.  The Site may allow you to review, correct or update Personal Information you have provided through the Site’s registration form or otherwise.  We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.  You may cancel or modify your communications that you have elected to receive from the Site by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.  If you have any questions about: (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; or (c) this Privacy Policy, you should contact us in the following ways: Postal Mail: Privacy Coordinator, The Last Closet, 3570 Clay Street, SF, CA 94118. By e-mail: privacycoordinator@thelastcloset.com.

7. What About Consent To Transfer Information To The United States?

The Site is operated in the United States and intended for users located in the United States and Canada.  If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States.  The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.  By using the Site or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

8. What Should Parents Know About Children?

The Site is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13).  We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).  If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed Personal Information to us, please contact us at  privacycoordinator@thelastcloset.com.

9. What About Security?

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information.  However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.

10. What About Changes To The Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you.  Any changes will be effective immediately upon the posting of the revised Privacy Policy.  However, we will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.

11. What Are Your California Privacy Rights?

Under California law, California residents who have an established business relationship with a business may choose to either opt-out or opt-in to the sharing of their Personal Information to affiliated or non-affiliated third parties for marketing purposes.  Although The Last Closet does not traditionally share Personal Information for marketing purposes with our affiliates (which would be subject to an opt-out consent) or to non-affiliated third parties (which would be subject to opt-in consent), we may do so on occasion or under special circumstances. If you wish to opt-out sharing your Personal Information with our affiliates or to withdraw your opt-in consent to share with non-affiliated entities, please send your written request to us at this e-mail address: privacycoordinator@thelastcloset.com and marking your request “Re: Your California Privacy Rights”. Your opt-out request will be processed within ten (10) business days of the date it is received in accordance with the information below.  If you wish to stop all communications from our affiliates, you will need to notify the affiliate(s) directly.  Please note that non-affiliated third parties are independent from The Last Closet and if you wish to stop all communications from such third parties, you will need to notify the non-affiliated third parties directly.