Privacy Statement
Maintaining your trust in our brand is important to AMSALE. We recognize the importance of protecting the privacy of all consumers who visit our website(s), therefore, All "personal information" that you give to us will be protected and kept confidential in accordance with the provisions set forth in this Privacy Policy. We collect certain information when you visit our U.S. site www.amsale.com (the "Site"), in order to improve your shopping experience and allow us to better communicate with you regarding our products and services. This privacy policy is intended to assist you in understanding what information we gather when you visit the Site, how we use that information, and the safeguards we have in place to protect the information. This privacy policy only applies to information we collect at www.amsale.com. By using and submitting information to our Site, you are agreeing that we may collect, use and disclose the information we collect in accordance with the purposes and uses identified in this policy. For other terms and conditions that apply to your use of the Site, please review our Legal Statement.
Information we collect online
Personal Information
For purposes of this privacy policy, "personal information" means any information by which someone can be personally identified, including name, address, telephone number, email address, billing and account information, credit or debit card information, and other information incidental to providing goods or services. AMSALE collects personal information from you only when you voluntarily provide us with this information, such as when establishing an account or adding information to your account such as by setting up a wish list, or address book entries; entering a contest; taking a survey; contacting us with a comment or question; requesting a catalog; signing up to receive emails about our latest products and services; or applying for a job online.
Browsing Information; Cookies
When you visit the Site, our web servers may automatically recognize certain non-personally identifiable information about you, such as your domain name, access provider, IP address, and browser language. The Site may also use a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited. We also may use cookies and/or a technology known as clear gifs to help us confirm your receipt of and response to our emails and to provide you a more personalized experience. Please note that certain pages of the Site may not function properly if cookies are turned off. Please consult your web browser's Help documentation for more information about how to turn cookies on and off your browser. We may use third party advertising companies to serve AMSALE advertisements on our Site or other sites you may visit. To accomplish this, these companies may employ anonymous cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness and understand your visits to our Site and other web sites. These selected companies may also provide this information to us which we may use for marketing purposes.
Unsolicited Materials
Please do not provide us with unrequested materials, including but not limited to business, advertising, creative, marketing or any other types of proposals, concepts, know-how, ideas and the like ("Unsolicited Materials"). All Unsolicited Materials that we receive will not be subject to this Privacy Policy. By submitting any Unsolicited Materials, you agree that AMSALE shall have the sole discretion as to how to utilize such Unsolicited Materials and you automatically provide to AMSALE a perpetual, royalty free license to use and exploit the Unsolicited Materials in any manner in its sole discretion. If any Unsolicited Materials that you provide to AMSALE are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify AMSALE against any claims or actions brought against AMSALE relating to AMSALE’s use or possession of the Unsolicited Materials. AMSALE shall have no obligation to return any Unsolicited Materials received by AMSALE.
How we use your information
AMSALE uses personal information collected on the Site for the following purposes:
- for the specific purpose for which it was volunteered (for example to respond to an email, or to provide you with information you have requested);
- to improve the content, appearance and utility of the Site;
- to understand your needs and preferences;
- to develop, market, sell or provide products and services;
- to conduct surveys, research and evaluations;
- to manage and develop our business and operations;
- to detect and protect AMSALE and other third parties against negligence, fraud, theft and other illegal activities;
- as permitted by, and to comply with, any legal or regulatory requirements, process or provisions; and
- if you submit a resume online, we may use the information you provide solely for the purpose of evaluating you as a candidate for employment and to contact you about prospective employment.
In order to serve you better, we may combine information you provide to us on the Site with information you provide to us in other ways, such as in our retail stores, and with information from third parties including demographic or public information.
How we may share your information
AMSALE may share your information collected on this Site with its subsidiaries or affiliated companies. AMSALE also may share your information with selected third parties who provide services to us, including to monitor Site activity, serve Site content, help to maintain our customer database, administer emails, surveys, or contests and administer and maintain employment application information. Such third parties may have access to, store and process your personal information to provide services on our behalf, which may occur in the United States or in countries outside of the United States. Our service providers are not authorized to use your information for any purpose other than to provide the contracted services. We also must always reserve the right to disclose information about you as required by law, in response to legal process including law enforcement requests, and where needed to protect the safety, property, or legal rights of users of the Site, or of AMSALE or its affiliates or third parties. Occasionally we may provide a link to a third party website, for example to conduct a survey for AMSALE. If you elect to provide your personal information on that third party website, this information will be subject to that third party website's privacy policy and security practices. AMSALE is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. AMSALE also is not responsible or liable for any privacy or security policies of these third party sites. In the unlikely event that AMSALE or substantially all of its assets are acquired by another company, or due to any merger, reorganization or liquidation, AMSALE's customer information will of course be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.
Managing your personal information
To allow us to serve you better we encourage you to regularly review and update your personal information.
You may obtain upon request a summary of the personal information on record with AMSALE. You also may request that AMSALE correct any such personal information about you, remove such information from its marketing databases, or dispose of any or all personal information about you.
To make any request described above, or if you have any questions about this privacy policy, send an email to info@kennethpool.com or contact:
AMSALE Customer Service
318 West 39th Street
New York, New York, 10018
1-888-AMSALE-1 or 1-212-971-0170
M-F 9:30 am - 5 pm EST
When contacting us, please be sure to provide us with your exact email address, name, mailing address and/or telephone number(s) in order to be sure we handle your request correctly. Following any of these requests, some of your personal information may be retained for a period of time; for example, to process a pending transaction you have made through the Site, to follow-up on a request, resolve a dispute, or for similar reasons. Some personal information also may continue to be stored on "back up" files for financial, legal or technical reasons. If you do not wish to receive email from AMSALE in the future, please email us at info@kennethpool.com to be removed from our email list.
You can also unsubscribe from AMSALE emails by clicking on the unsubscribe link at the bottom of any email that you have received from AMSALE that contains such link.
Updating this policy; notices
AMSALE reserves the right, at its discretion, to change, modify, add, or remove portions of this privacy policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this privacy policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, to the extent we have your email address, we may notify you by email.
Effective date
This policy is effective February 18, 2008.
Copyright Information
AMSALE owns www.amsale.com ("the Site"). AMSALE owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). The Content and Code of the Site is protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of AMSALE. You may not use the Content or Code from the Site for any purpose other than those set forth herein. All names, logos and trademarks which appear on the Site are the property of AMSALE or are used by AMSALE under license. You may not use any of the foregoing for any purpose without the prior express written permission of AMSALE. Your failure to comply with this Legal Statement will constitute breach of contract and will violate AMSALE's copyright, trademark and other proprietary and industrial property rights. You may print in hard copy portions of this website with the sole intent of placing an order for AMSALE products or for keeping store location, hours or phone number information. The use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without prior written permission from AMSALE or as otherwise specifically directed on the Site as to specific Content is strictly prohibited.
Legal Statement
This legal statement contains the terms and conditions governing the Site, and all sites of the affiliates of AMSALE. By using the Site, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise referenced herein, any reference to "AMSALE" shall include Amsale Aberra, LLC. and all of its affiliates.
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.
No License
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of AMSALE, its affiliates or any third party.
Use Of Information Submitted By You
Note: This section does not apply to personal data supplied by you to the Site, such as your name, address, e-mail address, telephone number and the like. Please see our Privacy Policy Statement for information regarding our treatment of personal data.
If you respond to AMSALE with any information, including but not limited to photographs, feedback, data, questions, comments, suggestions, or the like Site (collectively, the "User Material"), you shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload, however, such information shall NOT be deemed confidential. You hereby grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting, posting or uploading User Material you represent and warrant that (a) no other party has any rights to the User Material or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c) your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify AMSALE for all claims resulting from the User Material you supply. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
AMSALE will not be liable for any use or disclosure of such information. AMSALE will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. AMSALE will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
AMSALE welcomes your comments and suggestions on its Site and products, but AMSALE does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that AMSALE may publish such information, use it as part of its operations, and incorporate its concepts in AMSALE products without liability.
Product And Pricing Information
Although AMSALE has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and AMSALE cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. AMSALE is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.
Prohibited Activities : You may not post, upload or transmit any material or content on or through the Site:
that violates or infringes in any way upon the rights of others;
that solicits, encourages, or promotes the use of illegal substances or activities;
which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder); that expresses or implies that any statements made by you are endorsed by AMSALE;
that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or
that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses).
Disclaimers
AMSALE publishes information on its Site as a convenience to its visitors. While AMSALE attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The AMSALE products described in the Site may not be available in your region. AMSALE does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
AMSALE operates its Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them.
Visitors assume all responsibility and risk with respect to their use of the Site. AMSALE disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. AMSALE does not warrant that the Site is free of computer viruses, bugs or other harmful components. AMSALE does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. AMSALE does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. AMSALE does not have any duty to update its Site or modify their Content or Code, and AMSALE shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Sites before relying upon it.
AMSALE makes no warranties of any kind regarding any non-AMSALE sites to which the user may be directed or hyperlinked from this Site. Hyperlinks are included solely for the convenience of the user, and AMSALE makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-AMSALE sites.
IN NO EVENT SHALL AMSALE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, AMSALE'S SITE.
AMSALE reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.
AMSALE may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site.
The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
Gift Card Disclaimer
AMSALE reserves the right to refuse to send or transmit gift cards, including e-gift cards, that contain vulgur, obscene, abusive, profane or otherwise offensive language.
Additional Disclaimer
AMSALE does not assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of the information posted, disclosed, or accessed by visitors to this site. The use of any such information shall be at the user's sole risk. IN NO EVENT SHALL AMSALE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY RELATING TO THE USE OR PERMFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH THIS SITE.
