JAG New York and Krainz Creations Legal Terms and Conditions
Items Covered in the below:
Trademarks, Copyrights and Patents
Last revised January 2020
Information We Collect
We collect personal information about you in various ways, such as when you provide it at stores, on our Websites or affiliated websites, through our apps and social media channels, at events, through your participation in surveys, via text messages or on the telephone. The types of personal information we may collect include:
contact information (such as name, postal address, email address, and mobile or other telephone number);
username and password if you have registered an account with us;
payment information (such as your payment card number, expiration date, authorization number or security code, delivery address, and billing address);
purchase, return, wish list and transaction information;
customer service information (such as customer service inquiries, comments and history);
photographs, comments and other content you provide;
information regarding your personal or professional interests, date of birth, anniversary date, demographics (such as gender, occupation, income and marital status), experiences with our products, and shopping and contact preferences;
social media information;
contact information you provide about friends or other people you would like us to contact; and
information we may obtain from our third-party service providers.
In addition, when you visit our Website, open our emails, use our apps or interact with our related tools, widgets or plug-ins, we may collect certain information by automated means, such as cookies, web beacons and web server logs. The information we collect in this manner may include your IP address, unique device identifier, browser characteristics, domain and other system settings, search queries, device characteristics, operating system type, language preferences, referring URLs, actions taken on our site, dates and times of website visits, metadata and other information associated with other files stored on your device. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you for the purposes described below, and to let us know, for example, whether you have opened an email we sent to you. While you can change your cookies settings in your browser, please note, however, that without cookies you may not be able to use all of the features of our Website.
In addition, we may use local shared objects to collect and store information about your preferences and how you interact with our Websites and Apps. These technologies help us recognize you, customize or personalize your shopping experience, store items in your online shopping cart between visits, and analyze the use of our services and solutions to make them more useful to you. These technologies also allow us to aggregate demographic and statistical data and compilations of information, which may include personal information, and share this information with our business partners and service providers that provide products and services to us.
We may also offer internet-based advertising programs on our Website. These third-party services selectively display ads based on browsing history. You can opt out of these services by clicking on the links above.
We also may collect information about the location of the mobile device or tablet used to access the Website (“Location Data”). Location Data includes: (a) the location of the mobile device or tablet derived from GPS or WiFi use; (b) the IP address of the mobile device or tablet or internet service used to access the Website; and (c) other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs. We will inform you if a specific Website, app or service collects precise Location Data. If you do not want us to collect Location Data from your device, please delete the app or disable the location settings on your device or tablet. Note, however, that disabling the location setting may affect your ability to access and use that app.
When you connect with social media though the Website, you may link with social media platforms and social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) (collectively, “Social Media”). When accessing services through a Facebook or other Social Media accounts, we may (depending on the applicable user privacy settings) automatically have access to information provided to or through the Social Media platform. We may collect and use this information for the purposes described in this Policy or at the time the information is collected.
Information collected directly by the third-party providers of the features is subject to the privacy policies or notices of these providers. We are not responsible for these providers’ information and privacy practices.
Information we collect will only be used as described in this Policy. If you choose not to provide certain information, we may not be able to provide you with requested products, services or information.
How We Use the Information We Collect
We may use the information described above in one or more of the following ways, and we may seek specific consent prior to such use, depending on your jurisdiction:
to provide our Website and its contents to you;
to provide requested products and services including, as applicable, order confirmation, billing, and delivering products or services;
to process and track orders;
to respond to comments, questions, or concerns;
to prevent and detect fraud and other unlawful activity, claims and other liabilities;
to improve or develop new services and product offerings;
to identify, offer, and contact you with personalized content and advertising, including newsletters, articles, product or service alerts, new product or service announcements, savings awards, event invitations, and other information;
to conduct market research, surveys, and similar inquiries to help us understand trends and customer needs across product categories or customer groups;
to alert you about a product safety announcement or recall or correction of an offer, promotion, or advertisement;
to keep a record of our interactions with you if you place an order or otherwise deal with our representatives over the telephone or online;
to notify you of changes to our Website or any products or services we offer;
for marketing and promotional purposes;
to verify and validate your identity to reduce credit risk and manage collections;
to ensure that your shopping experience is as easy and pleasant as possible;
to carry out our obligations and enforce our rights; and
to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.
We may also use the information in other ways for which we describe at the time of collection.
In addition, we may use information collected through cookies, web beacons, pixels, web server logs and other automated means for purposes such as (a) customizing our users’ visits to our Website, (b) delivering content tailored to our users’ interests and the manner in which our users browse our Website, and (c) managing our Website and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
We may use third-party analytics services on our websites and apps.
The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze your use of our Website. The information collected through these means (including IP address) may be used by these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Website.
On our Website, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Policy provides details and explains how to exercise your choices.
Through such ad networks, we can target our messaging to users through demographic, interest-based and contextual means. We may also use our own cookies to serve you relevant advertising. We can track your online activities over time by collecting information through automated means, including through the use of first and third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve our advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Website and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.
Information We Share
We do not disclose personal information we collect about you, except as described in this Policy. We may share personal information with service providers who perform services on our behalf. These service providers are permitted to use or disclose the information only as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, manage and reduce our credit risk, verify information, fulfill orders, and provide web hosting, analytics and marketing services. We also may share your personal information with our affiliates and joint marketing partners for the purposes described in this Policy.
We may also share information or data in a form that cannot be used to uniquely identify or contact an individual person (“non-personal information”). We may collect, use, transfer, and disclose this non-personal information for any purposes. Non-personal information that we collect may include information regarding your activities on the Website, which may be aggregated and used to help us provide more useful information to our customers and to understand which parts of the Website are of most interest.
How We Protect Personal Information
We enforce commercially reasonable security measures online and in our physical facilities to protect against the loss, misuse, disclosure, or alteration of personal information provided to us. While we strive to safeguard your personal information, we cannot guarantee the security of any information you disclose or transmit to us.
If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, username, credit card information, or other personal information through e-mail.
We offer you certain choices in connection with the personal information we collect about you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove you from our mailing lists, exercise your rights regarding your personal information, or submit a request, please contact us. You can also unsubscribe from receiving our emails by following the “Unsubscribe” link provided in our emails. We will honor your request to remove you from our mailing lists, but there may be a delay between submission of such request and actual removal from our mailing lists, as these lists are generated well in advance of our actual mailings. Opting out of communications does not affect our communication with you via telephone or email regarding your orders or other sales or service transactions.
You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
Text Messaging Services
When you sign up for one of our text messaging programs, you are expressly consenting to receive text messages on your cell phone or other mobile device about our products, services, and/or programs which may be sent by automated means. Text messages will only be sent to the mobile phone number used to opt into the applicable text message program. Details on how many messages you should expect to receive are provided at the time of enrollment. In some instances, you may have the opportunity to reply to a message, which may result in additional response messages. Your consent to enrollment in any text message program is not a condition of purchase.
Message and data rates may apply. We do not charge a fee for our text message programs and assume no responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us. You may opt out of a text message program at any time.
We are committed to protecting the privacy of children. The Website is not directed to children and we do not knowingly collect any personal information from children. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian please contact us. Please visit the FTC’s website at www.ftc.gov for tips on protecting children’s privacy online.
Do Not Track Policy
Some browsers have a “do not track” feature that lets you tell websites that you do not want your online activities tracked. At this time, the Websites do not respond to web browser “do not track” requests or similar signals that users may employ.
By providing information on or through a Website you are consenting to the collection, use and disclosure of such personal information as described in this Policy. You may withdraw your consent at any time by following contacting us.
In addition, your use of the Website constitutes consent (a) to be contacted about your account through any contact information you provide, including cell phone numbers, even if the number is on a Do Not Call list, and even if you are charged under your phone plan and (b) to the use of any automatic telephone dialing system and/or a prerecorded message when contacted.
Links to Third Party Sites and Services
Access and Retention
If you have a Website account, you can log in to view and update your account information. Please contact us with questions or concerns, to request edits to your personal information, or to have your personal information removed from our database. We keep your personal information for as long as we think is necessary or advisable, and we reserve the right to retain it to the full extent not prohibited by law.
Locations; Data Transfers
The Company is based in the United States. This Website is intended for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.
When you access this Website, you understand and acknowledge that we may transfer, process, and store information about you in the United States and other countries, both within and outside of the European Economic Area. By providing us with your information, you consent to the transfer to, and to the processing and storage of your information in, countries outside of your country of residence, which may have different data protection laws than those in the country in which you reside.
Modifications to this Policy
We will modify this Policy if our privacy practices change. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date this Policy was last modified is at the top of this page. Please periodically review this Policy so that you are familiar with the current Policy and aware of any changes.
Krainz Creations and JAG New York are currently registered to collect sales tax in every state in the U.S. that imposes a sales tax. Sales tax will be automatically applied to your order based on applicable state and local sales tax laws and shipping destination.
The terms contained herein are subject to change as taxation regulations continue to evolve.
Customer requirements under applicable law
Customer shall be responsible for compliance with applicable laws and regulations regarding payment of all use taxes, duties and other taxes and the declaration of goods in their state or country of residence. Your purchase may be subject to use tax unless it’s specifically exempt from taxation.
Last revised January 2020
Features and Functionality Provided by Third Parties; Third Party Items
Use of Website
If you choose, or are provided with, a username, password or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your username or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.