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Privacy Policy

Roc Apparel Group LLC, its affiliates and subsidiaries (“Roc Apparel” or, collectively, “us,” “we” or “our”), operate this website (the “Site”). This Privacy Policy sets forth our information practices and is incorporated therein by reference to the Terms and Conditions of Use of this Site. We encourage you to read this Privacy Policy carefully and to contact us if you have any questions. Your use of the Site indicates your acceptance of this Privacy Policy.

I. WHAT INFORMATION IS COLLECTED AND WHY

a.    Information Submitted by You

At times, we may ask you to provide information about yourself in order to better serve you. For example, some of the information collected may include name, title, address, phone number, email address, and personal information concerning your interests, occupation, gender and other demographic information. We do not require this information to obtain access to any area of our Site, however, you are required to create a new account or login as a registered user prior to ordering any products on our Site. If you wish to correct or remove your account information please follow the procedures set forth below in the section titled “Updating or Deleting Information Collected About You”.

 

b.    Information Collected by Cookies

We also make use of website “cookies” to help you use our services more easily and to help us continuously improve our Site and our service to you. A “cookie” is a small data file that a website can send to your browser, which may then be stored on your computer to help our Site “remember” information about you to make it easier and more efficient to use our Site. Our Site employs session cookies. A session cookie does not remain on your computer after you close your web browser window. Our session cookies contain none of your personal information and cannot be used to track you around the internet. Our session cookies can only be used by this Site and they only exist for the duration of your visit. Depending on the settings in your browser, you may have the option to deny the session cookie; however, doing so may negatively impact upon the performance of the Site or restrict us in better serving your needs and interests. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

 

c.    Information We Collect from Our Partners and other Sources

 

Co-Branded Pages: We may also obtain information about you from other sources and combine that with information we collect about you. For example, we collect information from the U.S. Postal Service's national change of address database to verify and update mailing addresses.  We also may enter into relationships with “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “Co-Branded Pages”).  These might include, for example, pages that share our name and that of another entity.  You should look for a specific privacy policy on any such Co-Branded Page.  Any personally identifying information that you provide when signing up at any Co-Branded Page may be collected by, or shared with, our third-party partner.  We have no control over, and are not responsible for, our partners’ use of your personally identifying information.  You should check our posted partners’ websites for information regarding their privacy policies.

 

Transactions With E-Commerce Partners, Vendors and Advertisers: When you provide personally identifiable information to one of our Site's e-commerce partners, vendors or advertisers, this transaction will occur in connection with the site of the e-commerce partner, vendor  or  advertiser, not on the Site,  and, as such, the personally identifiable information you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser.  Roc Apparel is not responsible for such parties' privacy policies and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information. Please be aware that at times, at the request of or on behalf of our e-commerce partners, vendors or advertisers, Roc Apparel may "pre-populate" forms with your personally identifiable information for your review. Accordingly, we encourage you to review each pre-populated form carefully before agreeing to submit your personally identifiable information to determine who is seeking to collect your information, and to familiarize yourself with the applicable privacy policy governing use of any personally identifiable information collected about you.

Third Party Links: The Site may contain links to third-party Internet websites, which are not owned or operated by Roc Apparel. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Roc Apparel. If you provide any personally identifiable information through any such third-party website, your transaction will occur on such third party's website (not the Site) and the personally identifiable information you provide will be collected by, and controlled by the privacy policy of, that third party. We are not responsible for the privacy practices or the content of such third-party websites, including such websites' use of any personally identifiable information that you provide to them. We strongly encourage you to become familiar with the privacy practices of those sites.  Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site.

Rules For Sweepstakes, Contests And Games: In addition to the terms and conditions of this Agreement, any sweepstakes, contests, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. LifeandTimes.com urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our [link] Privacy Policy [link] which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control with respect to the particular Promotion.

 

Modification, Suspension And Termination:

We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without cause and with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including disconnection or discontinuance of your membership, or termination of this Agreement.

 

PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

III. How Is My Information Used?

a.    User Identification

For our sites that offer user registration, we may retain this information on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.

b.    Contacting You Concerning Promotions and New Products

We may request you to “opt-in” to receive certain communications from the Site. We will not send unsolicited messages to you concerning promotions or new products or other marketing material unless you have opted-in. If, after you have opted-in, you no longer wish to receive such communications from us please follow the procedures set forth below in the section titled How Can I “Opt-out” of Receiving E-mail Communications. Please note that your request to stop receiving these communications may not prevent us from sending such messages that were generated prior to the time we were able to process your request.

c.    Use of Your Information

At times, we may request you to provide personally identifiable information to identify you as a user of the Site and to assist and speed the completion of transactions on the Site. We may also use information collected about your preferences and activities at the Site, such as the particular pages you request at the Site and purchases or other transactions you effect through the Site. We may vary the content you receive in future visits to the Site based on your preferences and activities.

d.    Disclosure of Your Information

We will not disclose your personally identifiable information to any persons or entities outside of our company, nor lease, license, sublicense, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:
(i) You have been given an opportunity to “opt-in” and have agreed to opt-in to such disclosure of your information;
(ii) We must share your information in order to provide a product or service that you have ordered or requested, in which case we will require that any third person or entity we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request; or
(iii) We are required to respond to subpoena, court orders or other requirement of law which requires disclosure of your information.

e.    Disclosure of Aggregate Information

We may combine your personally identifying information and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through the Site in a particular geographic region or to track purchasing trends. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality information through more accurate marketing and advertising of the Site. We may share aggregated information concerning our users, without attribution of personal information, to other companies with whom we conduct business.

f.     How Can I “Opt-out” of Receiving E-mail Communications?

If you do not wish to receive email messages from us, please choose “unsubscribe” from within the email that you receive.

g.    Updating or Deleting Information Collected About You.

If you would like to update or delete the information we received from  you, you may contact us directly at 212 292 8500.  Roc Apparel endeavors to keep your personally identifying information accurate and up to date.  If your personally identifying information has changed, you may submit your new information there as well.  We keep personally identifying information for as long as we think it is necessary or advisable and reserve the right to retain such information to the full extent not prohibited by law.  We may discard your personally identifying information in our discretion, so you should retain your own records and not rely upon Roc Apparel’s storage of any personally identifying information or other data.

h.    Access to Your Personally Identifying Information.

We appreciate your assistance in keeping your personally identifying information up to date and accurate.  You are entitled to verify and/or update your personally identifying information collected by Roc Apparel.  If you have a concern regarding the collection, use or disclosure of your personally identifying information by Roc Apparel, please contact us at the address below:

 

Roc Apparel Group LLC

1411 Broadway

39th Floor

New York, NY 10018

III. What We Do To Keep This Site Secure

a.    Security

We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. Any information you enter on our accounts setup page is encrypted before transmission to our server by using encryption software. You can safely enter your credit card and personal registration information and it cannot be read in transit to our server. We also employ many security procedures to protect your information from unauthorized access by users inside and outside the company.
Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

b.    What You Can Do To Protect Your Information?

 

                      I.    Use only secure websites when disclosing your information. Secure pages begin with “https”.

                    II.    Avoid using easy to figure out access and personal ID (PIN) codes.

                   III.    Never respond to unsolicited requests for your social security number or financial information.

                  IV.    Do not disclose your passwords to the Site or your account information to any other person.

                   V.    Be sure to sign off when finished using a shared computer.

IV. Information From Persons Under The Age Of 13

NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online.  We do not seek to collect personally identifiable information from persons under the age of 13 without prior verifiable parental consent. If we become aware that we have inadvertently received such information online from a child under the age of 13, we will delete it from our records. If you are under the age of 13, please do not submit any personally identifiable information to us. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us, please inform us by contacting us at 212 292 8500 and we will remove such information from our database. If you are concerned about your children’s use of the Site, you may use web filtering technology to supervise or limit access to the Site.

V. OFFLINE VS. ONLINE PRACTICES

Please note that this Privacy Policy applies solely to our online information gathering and dissemination practices in connection with the Site, and does not apply to any of our practices offline.

VI. CONTACTING ROC APPAREL REGARDING THIS SITE

If you have any questions concerning this Privacy Policy, you may send them by email to customersupport@rocnation.com.  Please note that email communications will not necessarily be secure; accordingly you should not include sensitive information in your email correspondence with us.

VII. Your California Privacy Rights (As Provided By California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a privacy policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this privacy policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure — typically by opting in to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personally identifiable information on one of our sites. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party’s privacy Policy. 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, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

VIII.  ACCESS FROM OUTSIDE THE UNITED STATES

Unless otherwise specified, the Materials on this Site are presented primarily for citizens and residents of the United States and its territories, possessions, and protectorates. We make no representation that Materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

IX. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.

X.  Miscellaneous

The Privacy Policy for the Site established by us constitutes ours and your entire understanding with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  This Privacy Policy shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in New York County, New York State. No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms and Conditions and Privacy Policy is found to be unenforceable for any reason, than that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

XI. Changes To Our Terms And Conditions And Our Privacy Policy

We may revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective immediately upon posting. It is your obligation to review the Privacy Policy from time to time.