LAST REVISED AUGUST 31, 2015

 

PLEASE READ THIS PRIVACY POLICY AND THE RELATED LUANA TERMS OF SERVICE LOCATED AT HTTP://WWW.LUANAITALY.COM/TERMS-CONDITIONS BEFORE USING THIS WEBSITE OR ANY LUANA FORUM.

THESE “SERVICES” (AS DEFINED HEREIN) ARE OPERATED BY LUANA OR ONE OF ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY REFERRED TO HEREIN, SOLELY FOR EASE OF REFERENCE, AS "LUANA", “WE”, “OUR”, “US” OR “COMPANY”).  THIS PRIVACY POLICY (“PRIVACY POLICY”) APPLIES TO YOUR USE OF ALL THE ONLINE AND MOBILE WEBSITES (INCLUDING BUT NOT LIMITED TO WWW.LUANAITALY.COM) (EACH, A “WEBSITE”) AND ANY INTERACTIVE APPLICATIONS (EACH, AN “APPLICATION”) OPERATED BY US (COLLECTIVELY, THE “SERVICES”) (UNLESS A DIFFERENT POLICY IS PROVIDED ON A PARTICULAR WEBSITE OR APPLICATION, IN WHICH CASE SUCH DIFFERENT POLICY SHALL GOVERN AND CONTROL).  WE PROVIDE THIS PRIVACY POLICY TO HELP YOU TO UNDERSTAND THE TYPES OF INFORMATION WE COLLECT, THE METHODS WE USE TO COLLECT IT, WHAT WE MAY DO WITH THE INFORMATION THAT WE OBTAIN FROM YOU AND THE CHOICES YOU HAVE ABOUT THE WAY YOUR INFORMATION IS COLLECTED AND USED.   PLEASE READ THIS PRIVACY POLICY CAREFULLY.  YOUR USE OF THE SERVICES INDICATES THAT YOU HAVE READ, ACCEPTED AND UNCONDITIONALLY AGREED TO OUR PRIVACY PRACTICES, AS OUTLINED IN THIS PRIVACY POLICY AND ANY OTHER APPLICABLE TERMS.  THE TERMS OF SERVICE _____________ FOR THE SERVICES ARE INCORPORATED HEREIN BY THIS REFERENCE. 

ALTHOUGH WE ARE COMMITTED TO MAINTAINING YOUR CONFIDENCE AND TRUST IN ALL OF OUR ACTIVITIES WITH YOU, THIS PRIVACY POLICY DOES NOT GOVERN OUR COLLECTION OR USE OF DATA ABOUT YOU THROUGH CHANNELS OTHER THAN THE SERVICES. PLEASE EXIT THE SERVICES IMMEDIATELY IF YOU DO NOT ACCEPT THIS PRIVACY POLICY OR ARE ACCESSING THE SERVICES IN A COUNTRY OR OTHER TERRITORY WHERE USE OF THE SERVICES IS NOT PERMITTED.

 

LEGAL PURCHASE AGE/CHILDREN

IF YOU ARE UNDER THE AGE OF 18, WE REQUIRE THAT YOU INFORM A PARENT OR GUARDIAN ABOUT LUANA'S PRIVACY POLICY AND TERMS AND CONDITIONS AS WELL AS OBTAIN THEIR CONSENT TO THE PRIVACY POLICY AND TERMS AND CONDITIONS BEFORE REGISTERING WITH LUANA OR PLACING AN ORDER WITH LUANA.  FURTHER, WE RECOGNIZE THE IMPORTANCE OF SAFEGUARDING THE PRIVACY OF CHILDREN AND ENCOURAGE PARENTS TO CHECK AND MONITOR THEIR CHILDREN’S USE OF ONLINE ACTIVITIES REGULARLY. THE SERVICES SUPPORT AND COMPLY WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) AND OTHER APPLICABLE LAWS. THE SERVICES ARE NOT AIMED AT NOR INTENDED FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT USE THE SERVICES, AND IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18, YOU SHOULD USE THE SERVICES ONLY WITH THE INVOLVEMENT AND PERMISSION OF A PARENT OR LEGAL GUARDIAN, AS SET FORTH ABOVE. OUR WEBSITE DOES NOT ACCEPT REGISTRATION FROM CHILDREN UNDER THE AGE OF 13. NO PERSONALLY IDENTIFIABLE INFORMATION IS PURPOSEFULLY OR KNOWINGLY COLLECTED FROM CHILDREN UNDER THE AGE OF 13 BY COMPANY WITHOUT PARENTAL CONSENT.  FOR PURPOSES OF THIS PRIVACY POLICY, PERSONALLY IDENTIFIABLE INFORMATION (“PII”) IS PERSONAL INFORMATION ABOUT AN INDIVIDUAL, SUCH AS A FIRST AND LAST NAME, PHONE NUMBER OR EMAIL ADDRESS OR OTHER INDIVIDUALLY IDENTIFIABLE INFORMATION WITHIN THE MEANING OF COPPA AND THE FEDERAL TRADE COMMISSION’S ONLINE PRIVACY PROTECTION RULE FOUND AT 16 CFR 312.2.   IF COMPANY DISCOVERS THAT A PERSON UNDER THE AGE OF 13 HAS PROVIDED COMPANY WITH ANY PII, COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO DELETE SUCH PERSON’S PII FROM ITS SYSTEM. EVERY USER HEREBY AGREES THAT ALL INFORMATION YOU PROVIDE, INCLUDING BUT NOT LIMITED TO AGE, SHALL BE TRUTHFUL AND CORRECT.

 

TYPES OF INFORMATION COLLECTED

THE FOLLOWING INFORMATION IS PROVIDED BY LUANA TO ENABLE OUR ONLINE VISITORS TO BE FULLY INFORMED OF OUR PRIVACY POLICIES. THE SERVICES COLLECT CERTAIN INFORMATION WHEN YOU INTERACT WITH THE WEBSITES AND APPLICATIONS. FOR EXAMPLE, THE WEBSITE MAY COLLECT PII IN ORDER TO SERVE YOU BETTER AND ENHANCE YOUR EXPERIENCE, AS MORE FULLY SET FORTH BELOW.  COMPANY STRIVES TO PROVIDE OUR VISITORS WITH INFORMATION ABOUT OUR COMPANY AND RELEVANT TO THEIR PARTICULAR DESIRES, NEEDS AND/OR INTERESTS. ANY INFORMATION WE GATHER HELPS US TO BETTER SERVE OUR PURPOSE.  WE MAY ASK YOU TO PROVIDE US WITH DEMOGRAPHIC INFORMATION, INFORMATION REGARDING YOUR INTERESTS OR OTHER PII.  PROVIDING US WITH PII ABOUT YOURSELF IS VOLUNTARY, AND YOU CAN ALWAYS CHOOSE NOT TO PROVIDE CERTAIN INFORMATION, BUT THEN YOU MAY NOT BE ABLE TO TAKE ADVANTAGE OF OR PARTICIPATE IN SOME OF THE SERVICES’ FEATURES.

NON PERSONALLY IDENTIFIABLE INFORMATION COLLECTED

WHEN YOUR COMPUTER OR MOBILE DEVICE CONTACTS OUR WEB SERVERS (FOR EXAMPLE, WHEN YOU VISIT THE WEBSITE OR VIEW AN HTML E-MAIL), OUR WEB SERVERS AUTOMATICALLY COLLECT USAGE INFORMATION.  SUCH USAGE INFORMATION INCLUDES INFORMATION ABOUT HOW OUR VISITORS USE AND NAVIGATE OUR SERVICES. IT CAN INCLUDE THE NUMBER AND FREQUENCY OF VISITORS TO EACH WEB PAGE AND THE LENGTH OF THEIR STAYS, BROWSER TYPE, REFERRER DATA THAT IDENTIFIES THE WEB PAGE VISITED PRIOR AND SUBSEQUENT TO VISITING OUR SERVICES, AND IP ADDRESSES (SEE BELOW FOR MORE INFORMATION ON IP ADDRESSES). WE ALSO MAY DETERMINE THE APPLICABLE TECHNOLOGY AVAILABLE IN ORDER TO SERVE YOU THE MOST APPROPRIATE VERSION OF A WEB PAGE, E-MAIL, OR ANNOUNCEMENT OR SIMILAR SERVICE. THIS INFORMATION IS USED TO ANALYZE AND IMPROVE OUR SERVICES AND TO PROVIDE YOU WITH A MORE FULFILLING AND RELEVANT EXPERIENCE.

 

BROWSER COOKIES

LIKE MANY WEBSITES, WE MAY USE BROWSER “COOKIES”.  COOKIES ARE A WEBSITE’S WAY OF REMEMBERING WHO YOU ARE.  A COOKIE IS A SMALL TEXT FILE THAT IS STORED ON YOUR COMPUTER’S HARD DRIVE OR STORED TEMPORARILY IN YOUR COMPUTER’S MEMORY. THERE ARE TWO KINDS OF COOKIES: THOSE THAT ARE “SESSION” ORIENTED AND THOSE THAT ARE “PERSISTENT”.  SESSION COOKIES DELETE FROM YOUR COMPUTER WHEN YOU CLOSE YOUR BROWSER. PERSISTENT COOKIES RETAIN INFORMATION FOR LATER USE TOMORROW, NEXT WEEK, NEXT MONTH, OR WHENEVER THEY ARE SET TO EXPIRE.  WE MAY USE COOKIES TO HELP US TO IDENTIFY ACCOUNT HOLDERS AND TO OPTIMIZE THEIR EXPERIENCE ON OUR SERVICES.  ALSO, WE WILL USE COOKIES TO MONITOR AND MAINTAIN INFORMATION ABOUT YOUR USE OF THESE SERVICES.  MOST WEB BROWSERS ACCEPT COOKIES AUTOMATICALLY.  YOU CAN DELETE COOKIES MANUALLY OR SET YOUR BROWSER TO AUTOMATICALLY DELETE COOKIES ON A PRE-DETERMINED SCHEDULE.  FOR EXAMPLE, IN THE INTERNET EXPLORER MENU BAR, SELECT: TOOLS →INTERNET OPTIONS →BROWSING HISTORY → DELETE TO VIEW MANUAL AND AUTOMATIC OPTIONS.  IF YOU DECLINE TO ACCEPT COOKIES, YOU MAY NOT BE ABLE TO TAKE ADVANTAGE OF OR PARTICIPATE IN CERTAIN FEATURES OF THE SERVICES.

 

FLASH COOKIES

OUR SERVICES MAY ENABLE THE USE OF THE ADOBE FLASH PLAYER.  ADOBE’S FLASH PLAYER IS USED BY THE VAST MAJORITY OF WEBSITES THAT OFFER VIDEO AND OTHER INTERACTIVE CONTENT.  BY DEFAULT, YOUR USE OF THE ADOBE FLASH PLAYER GENERATES “FLASH COOKIES” (ALSO KNOWN AS “PERSISTENT IDENTIFICATION ELEMENTS” OR “LOCAL SHARED OBJECTS”).  ADOBE PROVIDES A SHORT DISCLOSURE ABOUT FLASH COOKIES IN ITS END USER LICENSE AGREEMENT, STATING “USE OF THE WEB PLAYERS, SPECIFICALLY THE FLASH PLAYER, WILL ENABLE THE SOFTWARE TO STORE CERTAIN USER SETTINGS AS A LOCAL SHARED OBJECT ON OUR COMPUTER.  THESE SETTINGS ARE NOT ASSOCIATED WITH YOU, BUT ALLOW YOU TO CONFIGURE CERTAIN SETTINGS WITHIN THE FLASH PLAYER.”  THE ADOBE FLASH PLAYER (AND SIMILAR APPLICATIONS) USE FLASH COOKIES TO REMEMBER USER SETTINGS, PREFERENCES AND USAGE SIMILAR TO THE BROWSER COOKIES REFERENCED ABOVE, BUT FLASH COOKIES CAN STORE MORE INFORMATION THAN BROWSER COOKIES AND ARE MANAGED THROUGH A DIFFERENT INTERFACE THAN THE ONE PROVIDED BY YOUR WEB BROWSER.  YOU CAN CONTROL THE DEGREE TO WHICH YOU ACCEPT FLASH COOKIES BY ACCESSING YOUR ADOBE FLASH PLAYER MANAGEMENT TOOLS DIRECTLY THROUGH THE SETTINGS MANAGER FOR ADOBE FLASH, LOCATED AT HTTP://WWW.MACROMEDIA.COM/SUPPORT/DOCUMENTATION/EN/FLASHPLAYER/HELP/SETTINGS_MANAGER.HTML.  IF YOU DO NOT ALLOW FLASH COOKIES TO TAKE ANY DISC SPACE ON YOUR COMPUTER, YOU MAY NOT BE ABLE TO TAKE ADVANTAGE OF OR PARTICIPATE IN CERTAIN FEATURES ON THE SERVICES.  USERS WITH A COMPUTER RUNNING THE WINDOWS OPERATING SYSTEM CAN VIEW FLASH COOKIE FILES IN THIS FOLDER: \DOCUMENTS AND SETTINGS\[USERNAME]\APPLICATION DATA\MACROMEDIA\FLASH PLAYER.  USERS WITH A COMPUTER RUNNING THE APPLE OPERATING SYSTEM CAN VIEW FLASH COOKIE FILES IN THIS FOLDER: /USERS/[USERNAME]/LIBRARY/PREFERENCES/MACROMEDIA/FLASH PLAYER.  FLASH COOKIES, OR LSO FILES ARE STORED TYPICALLY WITH AN “.SOL” EXTENSION.

 

THE ADOBE FLASH PLAYER IS NOT THE ONLY TECHNOLOGY BEING USED IN THE EVER-SHIFTING ONLINE AND MOBILE CONTENT ENVIRONMENT.  HTML5 IS AN INCREASINGLY POPULAR WEB STANDARD USED FOR PRESENTING CONTENT, ESPECIALLY CONTENT DELIVERED TO MOBILE DEVICES.  HTML IS THE MARK-UP LANGUAGE USED FOR THE WORLD WIDE WEB. ALMOST ALL WEB PAGES YOU VISIT ON THE INTERNET ARE BASED AROUND HTML CODE.  HTML5 IS SIMPLY THE FIFTH AND LATEST ITERATION OF THIS MARK-UP LANGUAGE THAT ALLOWS FOR MORE INTERACTIVE WEB PAGES.  ONE OF THE REAL BENEFITS OF HTML5 IS ITS POTENTIAL TO STANDARDIZE THE HIGHLY FRAGMENTED RICH-MEDIA UNIVERSE.  SOME HTML5 CODE MAY ALLOW YOUR RESPONSE TO ADVERTISING AND OTHER ACTIVITIES TO BE MONITORED ACROSS WEBSITES AND SUCH INFORMATION TO BE STORED ON YOUR COMPUTER OR MOBILE DEVICE.  TECHNOLOGY SOLUTIONS THAT ALLOW USERS TO OPT-OUT OF OR BLOCK THIS SORT OF TRACKING ARE BEING DEVELOPED THROUGH BROWSER ADD-ONS AND OTHER TOOLS.

 

WEB BEACONS

OUR WEB PAGES OR E-MAIL MESSAGES MAY CONTAIN A SMALL GRAPHIC IMAGE CALLED A WEB BEACON, WHICH IS SOMETIMES ALSO CALLED A "CLEAR GIF", THAT ALLOWS US TO MONITOR AND COLLECT CERTAIN LIMITED INFORMATION ABOUT OUR USERS, SUCH AS THE TYPE OF BROWSER REQUESTING THE WEB BEACON, THE IP ADDRESS OF THE COMPUTER THAT THE WEB BEACON IS SENT TO AND THE TIME THE WEB BEACON WAS VIEWED. WEB BEACONS CAN BE VERY SMALL OR INVISIBLE TO THE USER, BUT, IN GENERAL, ANY ELECTRONIC IMAGE VIEWED AS PART OF A WEB PAGE OR E-MAIL, INCLUDING HTML BASED CONTENT, CAN ACT AS A WEB BEACON. WE MAY USE WEB BEACONS TO COUNT VISITORS TO OUR WEB PAGES OR TO MONITOR HOW OUR USERS NAVIGATE OUR SERVICES, AND WE MAY INCLUDE WEB BEACONS IN E-MAIL MESSAGES IN ORDER TO COUNT HOW MANY OF THE MESSAGES WE SENT WERE ACTUALLY OPENED OR ACTED UPON. WE USE WEB BEACONS TO COMPILE AGGREGATE STATISTICS ABOUT OUR SERVICES.

 

USE OF IP ADDRESSES

 AN IP ADDRESS IS A NUMBER THAT IS ASSIGNED TO YOUR COMPUTER OR NETWORK WHEN YOU ARE LINKED TO THE INTERNET. WHEN YOU REQUEST PAGES FROM OUR SERVICES, OUR SERVERS LOG YOUR IP ADDRESS. WE MAY USE IP ADDRESS FOR A NUMBER OF PURPOSES, SUCH AS SYSTEM ADMINISTRATION, TO REPORT AGGREGATE INFORMATION TO OUR BUSINESS PARTNERS OR TO AUDIT THE USE OF THE WEBSITE.  WE MAY ASSOCIATE YOUR IP ADDRESS WITH THE PII YOU PROVIDE.  WE ALSO MAY COLLECT AND STORE INFORMATION ABOUT YOU THAT WE RECEIVE FROM OTHER SOURCES TO ENABLE US TO UPDATE AND CORRECT THE INFORMATION CONTAINED IN OUR DATABASE AND TO PROVIDE PRODUCT RECOMMENDATIONS AND SPECIAL OFFERS THAT WE THINK WILL INTEREST YOU.

 

PII WE COLLECT FROM YOU AND HOW WE USE IT

LUANA COLLECTS PII IN SEVERAL WAYS.  FOR EXAMPLE, WE COLLECT YOUR PII WHEN YOU PLACE AN ORDER, BUY A GIFT VOUCHER FOR A FRIEND OR REGISTER FOR A SERVICE OFFERED BY LUANA. IF AN ORDER IS PLACED WITH US, WE NEED TO HOLD PII INCLUDING YOUR NAME, EMAIL ADDRESS, PHONE NUMBERS, HOME ADDRESS, SHIPPING AND CREDIT CARD BILLING ADDRESS(ES) SO THAT WE CAN PROCESS AND FULFILL YOUR ORDER. WE ONLY SAVE CREDIT CARD INFORMATION FOR THOSE CUSTOMERS THAT HAVE REGISTERED ON THE SERVICES.

SAVED CARD DETAILS WILL NEVER BE SHARED WITH THIRD PARTIES WITHOUT YOUR PERMISSION AND WILL ONLY BE USED TO PROCESS YOUR ORDER, USING OUR PAYMENT PARTNER'S SYSTEMS. ADDITIONALLY, WE MAY ALSO OBTAIN INFORMATION AS A RESULT OF AUTHENTICATION OR IDENTITY CHECKS. SOMETIMES WE MAY ASK FOR YOUR TELEPHONE NUMBER. THIS NUMBER MAY BE GIVEN TO OUR COURIER FOR DELIVERY SERVICES. THESE DETAILS ALLOW US TO PROCESS YOUR ORDER AND TO LET YOU KNOW THE STATUS OF YOUR ORDER.  COMPANY USES ALL POSSIBLE EFFORTS TO ENSURE THE SAFETY OF YOUR SENSITIVE INFORMATION. NO WEBSITE, INTERNET TRANSMISSION, COMPUTER SYSTEM OR WIRELESS CONNECTION IS COMPLETELY SECURE. COMPANY CANNOT GUARANTEE THAT UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES WILL NEVER OCCUR. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. COMPANY URGES YOU TO TAKE STEPS TO KEEP YOUR INFORMATION SAFE BY MEMORIZING YOUR PASSWORD OR KEEPING IT IN A SAFE PLACE (SEPARATE FROM YOUR ACCOUNT INFORMATION), LOGGING OUT OF YOUR ACCOUNT, AND CLOSING YOUR WEB BROWSER.  IN ORDER TO HELP US PROTECT YOUR SENSITIVE INFORMATION AND PII FURTHER, YOU SHOULD BE CAREFUL ABOUT PROVIDING YOUR PASSWORD TO OTHERS.

WHENEVER YOU GIVE COMPANY SENSITIVE OR CONFIDENTIAL INFORMATION, COMPANY WILL TAKE COMMERCIALLY REASONABLE STEPS TO PROTECT THE INFORMATION BY ESTABLISHING A SECURE CONNECTION WITH YOUR WEB BROWSER. COMPANY USES THE SECURITY SOCKET LAYER (“SSL”), AN INDUSTRY STANDARD SECURITY PROTOCOL FOR ENCRYPTING SENSITIVE INFORMATION.  UNFORTUNATELY, NO SECURITY MEASURES ARE PERFECT OR IMPENETRABLE AND DATA TRANSMISSION OVER THE INTERNET CANNOT BE GUARANTEED 100% SECURE.  WE CANNOT AND DO NOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO COMPANY AND YOU DO SO AT YOUR OWN RISK.

THE TYPES OF PII WE MAY COLLECT INCLUDE (BUT ARE NOT LIMITED TO):

  • YOUR CONTACT INFORMATION (SUCH AS NAME, TWITTER HANDLE, POSTAL AND EMAIL ADDRESS, OR PHONE NUMBER)
  • CONTACT INFORMATION OF FRIENDS OR OTHER PEOPLE YOU WOULD LIKE US TO CONTACT
  • USERNAME AND PASSWORD FOR THE ACCOUNT YOU MAY ESTABLISH ON OUR SERVICES
  • PAYMENT DETAILS (INCLUDING PAYMENT CARD NUMBER, SECURITY CODE, EXPIRATION DATE, CARDHOLDER NAME AND BILLING ADDRESS)
  • SHIPPING INFORMATION (INCLUDING THE SHIPPING ADDRESS AND PHONE NUMBER)
  • DEMOGRAPHIC INFORMATION (SUCH AS AGE, DATE OF BIRTH AND GENDER)
  • INFORMATION YOU PROVIDE BY INTERACTING WITH US THROUGH SOCIAL MEDIA, INCLUDING PHOTOGRAPHS
  • LOCATION INFORMATION, SUCH AS THE REAL-TIME GEOGRAPHIC LOCATION OF THE DEVICE ON WHICH YOU INSTALL OUR MOBILE APPLICATIONS
  • SHOPPING BEHAVIOR AND PREFERENCES, AND A RECORD OF THE PURCHASES YOU MAKE ON OUR SERVICES
  • OTHER DETAILS THAT YOU MAY SUBMIT TO US OR THAT MAY BE INCLUDED IN THE INFORMATION PROVIDED TO US BY THIRD PARTIES

WE MAY USE THE PII WE OBTAIN ABOUT YOU TO:

  • REGISTER YOU FOR MEMBERSHIP AT OUR WEBSITES OR ON OUR APPLICATIONS, AND MANAGE AND MAINTAIN YOUR ACCOUNT ON THE SERVICES
  • PROVIDE PRODUCTS OR SERVICES YOU REQUEST
  • PROCESS, VALIDATE, CONFIRM, VERIFY, DELIVER AND TRACK YOUR PURCHASES (INCLUDING BY PROCESSING PAYMENT CARD TRANSACTIONS, ARRANGING SHIPPING AND HANDLING RETURNS AND REFUNDS, AND CONTACTING YOU ABOUT YOUR ORDERS, INCLUDING BY TELEPHONE)
  • MAINTAIN A RECORD OF THE PURCHASES YOU MAKE USING SERVICES
  • RESPOND TO YOUR QUESTIONS AND COMMENTS AND PROVIDE CUSTOMER SUPPORT
  • COMMUNICATE WITH YOU ABOUT OUR PRODUCTS, SERVICES, OFFERS, EVENTS AND PROMOTIONS, AND OFFER YOU PRODUCTS AND SERVICES WE BELIEVE MAY BE OF INTEREST TO YOU
  • ENABLE YOU TO COMMUNICATE WITH US THROUGH OUR BLOGS, SOCIAL NETWORKS AND OTHER INTERACTIVE MEDIA
  • PUBLISH YOUR TESTIMONIALS ABOUT US, INCLUDING ON OUR WEBSITES AND IN OUR FORUMS, AND ON SOCIAL NETWORKS (IF WE CHOOSE TO PUBLISH YOUR TESTIMONIAL, WE WILL INCLUDE ONLY YOUR FIRST NAME, LAST INITIAL, CITY AND STATE)
  • MANAGE YOUR PARTICIPATION IN OUR EVENTS, SWEEPSTAKES AND OTHER PROMOTIONS
  • TAILOR OUR PRODUCTS AND SERVICES TO SUIT YOUR PERSONAL INTERESTS AND THE MANNER IN WHICH VISITORS USE OUR SITES, APPLICATIONS AND SOCIAL MEDIA ASSETS
  • OPERATE, EVALUATE AND IMPROVE OUR BUSINESS AND THE PRODUCTS AND SERVICES WE OFFER
  • ANALYZE AND ENHANCE OUR MARKETING COMMUNICATIONS AND STRATEGIES (INCLUDING BY IDENTIFYING WHEN EMAILS SENT TO YOU HAVE BEEN RECEIVED AND READ)
  • ANALYZE TRENDS AND STATISTICS REGARDING VISITORS’ USE OF OUR SITES, MOBILE APPLICATIONS AND SOCIAL MEDIA ASSETS, AND THE PURCHASES VISITORS MAKE ON OUR SITES
  • PROTECT AGAINST AND PREVENT FRAUD, UNAUTHORIZED TRANSACTIONS, CLAIMS AND OTHER LIABILITIES, AND MANAGE RISK EXPOSURE, INCLUDING BY IDENTIFYING POTENTIAL HACKERS AND OTHER UNAUTHORIZED USERS

 

SHARING YOUR PII

PII THAT YOU PROVIDE MAY BE DISCLOSED TO A CREDIT REFERENCE OR FRAUD PREVENTION AGENCY, WHICH MAY KEEP A RECORD OF THAT INFORMATION. YOUR PII MAY ALSO BE SHARED WITH OTHER TRADING DIVISIONS WITHIN THE TIME’S ARROW GROUP.  COMPANY MAY PROVIDE INFORMATION TO SELECT OUTSIDE COMPANIES WHEN WE BELIEVE THEIR PRODUCTS OR SERVICES MAY BE OF INTEREST TO YOU.  IF YOU OPT IN TO RECEIVE COMMUNICATIONS FROM A THIRD PARTY, YOUR INFORMATION WILL BE SUBJECT TO THAT THIRD PARTY'S PRIVACY POLICY AND NOT THIS PRIVACY POLICY.  THEREFORE, IF YOU LATER DECIDE THAT YOU DO NOT WANT THAT THIRD PARTY TO USE YOUR INFORMATION, YOU WILL NEED TO CONTACT THE THIRD PARTY DIRECTLY.  IN ADDITION, COMPANY MAY SHARE YOUR PII WITH THIRD PARTIES UNDER THE FOLLOWING CIRCUMSTANCES:

THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF

WE MAY ENGAGE THIRD PARTIES TO PERFORM SERVICES IN CONNECTION WITH THE OPERATION OF OUR BUSINESS.  EXAMPLES OF THESE SERVICES INCLUDE: (A) PRODUCT CUSTOMIZATION, (B) MARKETING AND PROMOTIONAL MATERIAL DISTRIBUTION, (C) WEBSITE EVALUATION, (D) DATA COLLECTION, STORAGE, MANAGEMENT, ANALYSIS AND, WHERE APPLICABLE, CLEANSING, AND (E) ANY OTHER SERVICES DESIGNED TO ASSIST US IN MAXIMIZING OUR BUSINESS POTENTIAL. THESE THIRD PARTIES MAY HAVE ACCESS TO OUR USER INFORMATION, INCLUDING PII, TO THE EXTENT IT IS NEEDED TO PERFORM THEIR DUTIES AND FUNCTIONS.

 

COMPANY SECURITY

WE MAY RELEASE INFORMATION ABOUT OUR USERS, INCLUDING PII, WHEN LEGALLY REQUIRED TO DO SO, AT THE REQUEST OF GOVERNMENTAL AUTHORITIES CONDUCTING AN INVESTIGATION OR TO VERIFY OR ENFORCE COMPLIANCE WITH THE POLICIES GOVERNING OUR SERVICES AND APPLICABLE LAWS.  WE MAY ALSO DISCLOSE SUCH USER INFORMATION WHENEVER WE BELIEVE DISCLOSURE IS NECESSARY TO PROTECT THE RIGHTS, PROPERTY OR SAFETY OF COMPANY, OR ANY OF OUR RESPECTIVE AFFILIATES, BUSINESS PARTNERS, CUSTOMERS OR OTHERS.

 

AGGREGATE INFORMATION

WE MAY DISCLOSE NON-IDENTIFYING, AGGREGATED USER STATISTICS TO THIRD PARTIES FOR A VARIETY OF PURPOSES, INCLUDING DESCRIBING OUR SERVICES TO PROSPECTIVE PARTNERS AND OTHER THIRD PARTIES. EXAMPLES OF SUCH NON-PERSONAL INFORMATION INCLUDE THE NUMBER OF USERS WHO VISITED THIS SITE DURING A SPECIFIC TIME PERIOD OR PURCHASED A SPECIFIC PRODUCT THROUGH THIS SITE.

 

PROMOTIONS

WE MAY OFFER PROMOTIONAL CONTENT, SUCH AS A CONTEST, SWEEPSTAKES OR PROMOTION IN CONNECTION WITH OUR SERVICES.  SUCH PROMOTIONS MAY SPONSORED BY OR CO-BRANDED WITH A THIRD PARTY, WHO MAY OBTAIN THE PII THAT YOU SUBMIT.  IF YOU PROVIDE INFORMATION TO SUCH THIRD PARTIES, WE CANNOT CONTROL THOSE THIRD PARTIES' USE OF YOUR INFORMATION. IF YOU DO NOT WANT YOUR INFORMATION TO BE COLLECTED BY OR SHARED WITH A THIRD PARTY, DO NOT PARTICIPATE IN THESE EVENTS.  ALSO, BY ENTERING A PROMOTION, WE MAY REQUIRE YOU TO CONSENT TO THE USE OF YOUR PII OR OTHER INFORMATION, SUCH AS NAME, VOICE OR LIKENESS, IN ADVERTISING, PROMOTIONAL AND MARKETING MATERIALS.  IN SOME INSTANCES, WE MAY HAVE AN ARRANGEMENT WITH A PROMOTIONAL PARTNER OR RETAILER, WHEREBY THEY SHARE WITH US CUSTOMER INFORMATION COLLECTED ON THEIR WEBSITE. IN THE EVENT THAT WE RECEIVE SUCH DATA AND COMBINE IT WITH OUR CUSTOMER RECORDS, THE COMBINED INFORMATION WILL BE TREATED IN ACCORDANCE WITH THIS PRIVACY POLICY. OTHERWISE, ALL SUCH INFORMATION IS SUBJECT TO THE PRIVACY POLICY UNDER WHICH IT WAS COLLECTED.

 

CORPORATE CHANGE

IN ADDITION, WE RESERVE THE RIGHT TO DISCLOSE, SHARE AND/OR OTHERWISE TRANSFER USER INFORMATION, INCLUDING WITHOUT LIMITATION PII, IN CONNECTION WITH A CORPORATE MERGER, ACQUISITION, CONSOLIDATION, THE SALE OF A PORTION OF OUR BUSINESS OR THE SALE OF SUBSTANTIALLY ALL OF COMPANY’S ASSETS, OR OTHER FUNDAMENTAL CORPORATE CHANGE, WHATEVER FORM IT MAY TAKE. YOU WILL BE NOTIFIED VIA E-MAIL OR PROMINENT NOTICE ON OUR WEBSITE PRIOR TO A CHANGE OF OWNERSHIP OR CONTROL OF YOUR PERSONAL INFORMATION, IF YOUR PERSONAL INFORMATION WILL BE USED CONTRARY TO THIS POLICY. FOR CLARIFICATION AND THE REMOVAL OF DOUBT, COMPANY SPECIFICALLY RESERVES THE RIGHT TO TRANSFER OR SHARE A COPY OF PII COLLECTED PURSUANT TO THIS PRIVACY POLICY FROM THIS WEBSITE, OFF-LINE OR OTHERWISE, TO THE BUYER OF THAT PORTION OF ITS BUSINESS RELATING TO THAT INFORMATION.

WHEN YOU REGISTER WITH LUANA, YOU WILL BE OFFERED THE OPPORTUNITY TO OPT OUT OF OUR EMAIL NEWSLETTER AND OTHER UPDATE SERVICES. IF YOU CHOOSE TO OPT-OUT FOR THIS SERVICE, WE WILL NOT SEND YOU ALERTS FOR NEW PRODUCTS, FEATURES NOR ENHANCEMENTS; SPECIAL OFFERS; UPGRADE OPPORTUNITIES; CONTESTS OR EVENTS OF INTEREST. HOWEVER, IF YOU CHOOSE TO RECEIVE OUR EMAILS FROM TIME-TO-TIME WE WILL USE THE INFORMATION YOU PROVIDE TO PROMOTE THE PRODUCTS AND SERVICES OF OUR BUSINESS PARTNERS VIA EMAIL OR DIRECT MAIL. WE DO COLLATE INFORMATION ABOUT SITE TRAFFIC, SALES, WISH LIST, AND OTHER COMMERCIAL INFORMATION WHICH WE MAY PASS ON TO THIRD PARTIES BUT THIS INFORMATION DOES NOT INCLUDE ANY INFORMATION WHICH CAN IDENTIFY YOU PERSONALLY. WE STRIVE TO LIMIT USE OF YOUR INFORMATION TO THOSE OFFERS THAT WE THINK YOU WOULD APPRECIATE RECEIVING. FINALLY, WE MAY USE YOUR PII FOR OUR INTERNAL MARKETING AND DEMOGRAPHIC STUDIES, TOGETHER WITH NON-PERSONAL DATA TO MONITOR CUSTOMER PATTERNS SO WE CAN CONSISTENTLY IMPROVE OUR SITE DESIGN TO BETTER MEET OUR VISITORS' NEEDS. IF WE CHANGE OUR POLICY ON DISCLOSURE TO OTHERS, WE WILL INFORM YOU AND GIVE YOU THE CHOICE OF OPTING OUT.

SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION/EXTERNAL LINKS

THE SERVICES MAY CONTAIN LINKS OR REFERENCES TO OTHER WEBSITES OUTSIDE OF OUR CONTROL. LINKS TO OTHER WEBSITES MAY USE OUR COMPANY LOGO OR STYLE AS A RESULT OF A CO-BRANDING AGREEMENT. THESE WEBSITES MAY SEND THEIR OWN COOKIES TO YOU AND MAY COLLECT DATA AND MAKE USE OF THAT DATA IN WAYS THAT THIS SITE WOULD NOT. PLEASE BE AWARE THAT WE HAVE NO CONTROL OVER THESE WEBSITES AND OUR PRIVACY POLICY DOES NOT APPLY TO THESE SITES. WE ENCOURAGE YOU TO READ THE PRIVACY POLICIES AND TERMS OF USE LINKED OR REFERENCED IN THE WEBSITES YOU ENTER.

CONSENT TO PROCESSING IN THE UNITED STATES

 

THESE SERVICES ARE OPERATED IN THE UNITED STATES.  BY PROVIDING ANY INFORMATION TO COMPANY, ALL USERS, INCLUDING, WITHOUT LIMITATION, USERS IN THE MEMBER STATES OF THE EUROPEAN UNION, CANADA OR ELSEWHERE OUTSIDE OF THE UNITED STATES, FULLY UNDERSTAND AND UNAMBIGUOUSLY CONSENT TO THIS PRIVACY POLICY.  BY USING OUR SITE, PARTICIPATING IN ANY OF OUR SERVICES AND/OR PROVIDING US WITH YOUR INFORMATION, YOU CONSENT AND AGREE TO THE COLLECTION, TRANSFER, STORAGE AND PROCESSING OF YOUR INFORMATION TO AND IN THE UNITED STATES.

 

 

ONLINE ADVERTISING PRACTICES/THIRD PARTY ADVERTISERS

 

AD SERVING TECHNOLOGY

THE SERVICES MAY EMPLOY PROPRIETARY OR THIRD PARTY AD SERVING TECHNOLOGIES THAT USE COOKIES, CLEAR GIFS, WEB BEACONS, TRACKING PIXELS OR OTHER TECHNOLOGIES TO COLLECT INFORMATION AS A RESULT OF AD SERVING THROUGH THE SERVICES.  COMPANY OR THIRD PARTIES OPERATING THE AD SERVING TECHNOLOGY MAY USE DEMOGRAPHIC AND LOCATION INFORMATION, AS WELL AS INFORMATION LOGGED FROM YOUR HARDWARE OR DEVICE TO ENSURE THAT APPROPRIATE ADVERTISING IS PRESENTED WITHIN THE SERVICES AND TO CALCULATE OR CONTROL THE NUMBER OF UNIQUE AND REPEAT VIEWS OF A GIVEN AD, AND/OR DELIVER ADS THAT RELATE TO YOUR INTERESTS AND MEASURE THE EFFECTIVENESS OF AD CAMPAIGNS.  WE OR THIRD PARTIES MAY COLLECT DATA FOR THIS PURPOSE, INCLUDING YOUR IP ADDRESS (INCLUDING FOR PURPOSES OF DETERMINING YOUR APPROXIMATE GEOGRAPHIC LOCATION), DEVICE ID, INFORMATION ABOUT YOUR SOFTWARE, APPLICATIONS AND HARDWARE, MACHINE OR DEVICE MAKE AND MODEL, ADVERTISEMENT(S) SERVED, LENGTH OF TIME AN ADVERTISEMENT WAS VISIBLE, OTHER INTERNET AND WEBSITE USAGE INFORMATION, WEB PAGES AND MOBILE INTERNET SITES WHICH HAVE BEEN VIEWED BY YOU (AS WELL AS DATE AND TIME), DOMAIN TYPE, SIZE OF THE ADVERTISEMENT, ADVERTISEMENT RESPONSE (IF ANY), AND ANGLE OF VIEW.  NOTE THAT IF YOU CLICK ON AN AD THAT APPEARS ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE AS A RESULT OF HOW THAT TECHNOLOGY WORKS THAT YOUR NAME OR OTHER IDENTIFYING CHARACTERISTICS MAY BE REVEALED TO THE ADVERTISER (OR ITS AD SERVER) THROUGH REFERRER HEADERS (THE URL TRANSMITTED BY PUBLISHERS WHEN USERS CLICK ON ADS).

YOU RECOGNIZE AND AGREE THAT THE ADVERTISING COMPANIES WHO DELIVER ADS FOR COMPANY MAY COMBINE THE INFORMATION COLLECTED WITH OTHER INFORMATION THEY HAVE INDEPENDENTLY COLLECTED FROM OTHER SERVICES OR PRODUCTS.  THESE COMPANIES COLLECT AND USE INFORMATION UNDER THEIR OWN PRIVACY POLICIES.  THESE AD SERVING TECHNOLOGIES MAY BE INTEGRATED INTO THE SERVICES.

IN ADDITION, COMPANY MAY USE PIXELS, OR TRANSPARENT GIF FILES, TO HELP MANAGE ONLINE ADVERTISING. THESE GIF FILES ARE PROVIDED BY OUR AD MANAGEMENT PARTNERS (EACH, AN “AD MANAGEMENT PARTNER”). THESE FILES ENABLE OUR AD MANAGEMENT PARTNERS TO RECOGNIZE A UNIQUE COOKIE ON YOUR WEB BROWSER.   THE COOKIE WAS PLACED BY US, OR BY ANOTHER ADVERTISER WHO WORKS WITH THE APPLICABLE AD MANAGEMENT PARTNER.  THE AD MANAGEMENT PARTNER MAY SET AND ACCESS ITS OWN COOKIES ON YOUR WEB BROWSER IN ORDER TO SERVE ADS IT BELIEVES MAY BE OF INTEREST TO YOU BASED ON THE PROFILE INFORMATION YOU PROVIDED TO US AT REGISTRATION (E.G., DEMOGRAPHIC INFORMATION) AS WELL AS INFORMATION COLLECTED ABOUT YOU BY THE AD MANAGEMENT PARTNER ELSEWHERE ON THE WEB.  AD MANAGEMENT PARTNERS MAY USE INFORMATION ABOUT YOU GATHERED FROM THE WEBSITE (INCLUDING YOUR DEMOGRAPHIC INFORMATION PROVIDED TO US UPON REGISTRATION AS WELL AS YOUR BROWSING BEHAVIOR ON THE WEBSITE) TO SERVE THIRD PARTY ADS TO YOU ELSEWHERE ON THE INTERNET.  THE AD MANAGEMENT PARTNER’S USE OF COOKIES ON OUR WEBSITE IS SUBJECT TO THE APPLICABLE AD MANAGEMENT PARTNER’S PRIVACY POLICIES. FOR MORE INFORMATION ABOUT AD MANAGEMENT PARTNERS AND HOW COOKIES WORK, PLEASE VISIT THE NETWORK ADVERTISING INITIATIVE'S HOMEPAGE.

ADVERTISING OUR PRODUCTS & SERVICES

AFTER YOU VISIT OR USE THE SERVICES, OUR ADVERTISING PARTNERS MAY DELIVER COMPANY ADS TO YOUR WEB BROWSER WHEN YOU ARE VISITING OTHER SITES ON THE INTERNET. THESE ADS ARE DELIVERED BASED ON COOKIES THAT ARE SET BY US OR BY OUR THIRD PARTY ADVERTISING NETWORK PARTNERS WHEN YOU VISIT OR USE THE SERVICES, AND THAT ARE RECOGNIZED BY THESE COMPANIES WHEN YOU VISIT OTHER SITES.  PLEASE SEE THE SECTION ABOVE ON COOKIES TO LEARN MORE ABOUT SETTING YOUR WEB BROWSER TO BLOCK COOKIES.

SOCIAL NETWORKING

COMPANY MAY OFFER YOU THE POSSIBILITY TO CONNECT YOUR ACCOUNTS FROM THIRD PARTY SOCIAL NETWORKING SITES, SUCH AS FACEBOOK AND TWITTER (EACH, A “SOCIAL NETWORKING SITE”), WITH THE SERVICES BY AN APPLICATION PROGRAMMING INTERFACE (API) OR OTHER SOFTWARE.  BY ALLOWING COMPANY TO CONNECT WITH YOUR ACCOUNTS ON SUCH SOCIAL NETWORKING SITES, YOU CONSENT TO COMPANY’S ACCESSING THE INFORMATION IN THOSE ACCOUNTS, WHICH INFORMATION MAY INCLUDE PII.  YOU LIKEWISE CONSENT TO COMPANY’S PUBLISHING ON THE SERVICES ANY SUCH INFORMATION OR ACTIONS YOU TAKE ON OTHER SUCH SOCIAL NETWORKING SITES.  IT IS YOUR CHOICE WHETHER TO USE ANY SUCH SOCIAL NETWORKING SITE, AND YOU UNDERSTAND THAT IN SOME INSTANCES SUCH SOCIAL NETWORKING SITES MAY REQUEST TO ACCESS AND PUBLISH INFORMATION ABOUT YOU OR YOUR FRIENDS THAT IS INCLUDED IN YOUR ACCOUNT.

FORUMS/MESSAGE BOARDS

PLEASE REVIEW OUR RESTRICTIONS ON USE AND GUIDELINES FOR USER FORUMS IN OUR TERMS OF SERVICE.  IN ADDITION, PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION YOU MAY DISCLOSE PUBLICLY IN USER FORUMS (SUCH AS CHAT ROOMS, BLOGS, MESSAGE BOARDS, OR SIMILAR WEB PAGES).  YOU SHOULD KEEP IN MIND THAT WHENEVER YOU PUBLICLY DISCLOSE INFORMATION ABOUT YOURSELF ONLINE, THAT INFORMATION COULD BE COLLECTED AND USED BY PEOPLE THAT YOU DO NOT KNOW.  IN ADDITION, CERTAIN MESSAGE BOARDS (AND SIMILAR USER FORUMS) MAY DISPLAY IP ADDRESSES AND POSSIBLY PII ALONG WITH THE MESSAGE POSTER'S NAME AND MESSAGE.  COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ACTION OR POLICIES OF ANY THIRD PARTIES WHO COLLECT ANY INFORMATION USERS MAY DISCLOSE IN USER FORUMS OR OTHER PUBLIC AREAS, IF ANY, OF THE SERVICES.

 

NOTICE TO CALIFORNIA RESIDENTS/YOUR CALIFORNIA PRIVACY RIGHTS

CALIFORNIA RESIDENTS ARE ENTITLED ONCE A YEAR TO REQUEST AND OBTAIN CERTAIN INFORMATION REGARDING OUR DISCLOSURE, IF ANY, OF PERSONAL INFORMATION TO THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES DURING THE IMMEDIATELY PRIOR CALENDAR YEAR (E.G., REQUESTS MADE IN 2013 WILL RECEIVE INFORMATION ABOUT 2012 SHARING ACTIVITIES). AS SET FORTH IN THIS PRIVACY POLICY, WE COMPLY WITH THIS LAW BY OFFERING OUR VISITORS THE ABILITY TO TELL US NOT TO SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES. TO MAKE SUCH A REQUEST, CONSISTENTLY EXERCISE YOUR OPT-OUT CHOICE WHENEVER YOU PROVIDE PII TO US OR SEND US A MESSAGE USING THE INFORMATION PROVIDED ON THE “CONTACT US” PAGE.  YOU MUST INCLUDE THIS SITE AS THE SUBJECT LINE, AND YOUR FULL NAME, E-MAIL ADDRESS, AND POSTAL ADDRESS IN YOUR MESSAGE.  PLEASE SEE THE "YOUR CHOICES/UNSUBSCRIBE" SECTION OF THIS PRIVACY POLICY FOR ADDITIONAL INFORMATION.

REVISIONS TO PRIVACY POLICY

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, UPDATE, ADD TO, DISCONTINUE, REMOVE OR OTHERWISE CHANGE ANY PORTION OF THIS PRIVACY POLICY, IN WHOLE OR IN PART, AT ANY TIME.  WHEN WE AMEND THIS PRIVACY POLICY, WE WILL REVISE THE “LAST UPDATED” DATE LOCATED AT THE TOP OF THIS PRIVACY POLICY.  FOR CHANGES TO THIS PRIVACY POLICY THAT WE CONSIDER TO BE MATERIAL, WE WILL PLACE A NOTICE ON THE WEBSITE BY REVISING THE LINK TO READ SUBSTANTIALLY AS “UPDATED PRIVACY POLICY” FOR A REASONABLE AMOUNT OF TIME.  IF YOU PROVIDE INFORMATION TO US OR ACCESS OR USE THE SERVICES IN ANY WAY AFTER THIS PRIVACY POLICY HAS BEEN CHANGED, YOU WILL BE DEEMED TO HAVE UNCONDITIONALLY CONSENTED AND AGREED TO SUCH CHANGES.  THE MOST CURRENT VERSION OF THIS PRIVACY POLICY WILL BE AVAILABLE ON THE WEBSITE AND WILL SUPERSEDE ALL PREVIOUS VERSIONS OF THIS PRIVACY POLICY.

 

CHOICE OF LAW

 

THIS PRIVACY POLICY, INCLUDING ALL REVISIONS AND AMENDMENTS THERETO, IS GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OR CHOICE OF LAW PRINCIPLES WHICH WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.

 

ARBITRATION

 

BY USING THE SERVICES IN ANY WAY, YOU UNCONDITIONALLY CONSENT AND AGREE THAT: (1) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) YOU MAY HAVE AGAINST THE OFFICERS, DIRECTORS AND EMPLOYEES OF COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES (ALL SUCH INDIVIDUALS AND ENTITIES COLLECTIVELY REFERRED TO HEREIN AS THE “COMPANY ENTITIES”) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SERVICES OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS AND CONDUCTED BEFORE A SOLE ARBITRATOR IN ACCORDANCE WITH THE RULES OF JAMS; (2) THIS ARBITRATION AGREEMENT IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16; (3) THE ARBITRATION SHALL BE HELD IN NEW YORK, NEW YORK; (4) THE ARBITRATOR’S DECISION SHALL BE CONTROLLED BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND ANY OF THE OTHER AGREEMENTS REFERENCED HEREIN THAT THE APPLICABLE USER MAY HAVE ENTERED INTO IN CONNECTION WITH THE SITE; (5) THE ARBITRATOR SHALL APPLY NEW YORK LAW CONSISTENT WITH THE FAA AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW; (6) THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, ARBITRATION CAN DECIDE ONLY YOUR AND/OR THE APPLICABLE COMPANY ENTITY’S INDIVIDUAL CLAIMS; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED; (7) THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD PUNITIVE DAMAGES AGAINST YOU OR ANY COMPANY ENTITY; (8) IN THE EVENT THAT THE ADMINISTRATIVE FEES AND DEPOSITS THAT MUST BE PAID TO INITIATE ARBITRATION AGAINST ANY COMPANY ENTITY EXCEED $125 USD, AND YOUR ARE UNABLE (OR NOT REQUIRED UNDER THE RULES OF JAMS) TO PAY ANY FEES AND DEPOSITS THAT EXCEED THIS AMOUNT, COMPANY AGREES TO PAY THEM AND/OR FORWARD THEM ON YOUR BEHALF, SUBJECT TO ULTIMATE ALLOCATION BY THE ARBITRATOR.  IN ADDITION, IF YOU ARE ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO THE COSTS OF LITIGATION, COMPANY WILL PAY AS MUCH OF YOUR FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE; AND (9) WITH THE EXCEPTION OF SUBPART (6) ABOVE, IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL, OR OTHERWISE CONFLICTS WITH THE RULES OF JAMS, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN.  IF, HOWEVER, SUBPART (6) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE.  FOR MORE INFORMATION ON JAMS AND/OR THE RULES OF JAMS, VISIT THEIR WEBSITE AT WWW.JAMSADR.COM.

FOR ANY QUESTIONS, SUGGESTIONS, OR CONCERNS RELATED TO THIS PRIVACY POLICY, PLEASE SEND US A MESSAGE USING THE INFORMATION PROVIDED ON THE “CONTACT US” PAGE.

 

© 2016 LUANA. ALL RIGHTS RESERVED.