The following information is provided to you by Motive Style (USA),LLC (in the following “Motive Style”,“we”,“us” or “our”).
Use of Information Collected by Us
Motive Style may collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone number, credit card number and the items you purchase) and “Aggregate Information” (such as information about how many users log on to our Site on a daily basis or frequency of customer visits to Motive Style).
We use customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site and Stores and tailor our Sites and Stores to your interests.
Personal Information Collected Online by MotiveStyles.com
Personal Information is collected online by us or our service providers (e.g., such as Yahoo!) on our behalf when users voluntarily register with MotiveStyles.com to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on MotiveStyle.com, when users make a purchase, and when users subscribe to our newsletter. We also maintain a record of your product interests and purchases online. We may receive personal usage and demographic information from our Stores.
We love our customers. We realize that you have other options, and we appreciate that you have chosen Motive Style products. We understand that you are concerned about your security, privacy and the confidentiality of information we may gain about you online. We are committed to respecting your privacy.
Aggregate Information Collected Online by Motivestyle.com
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of Store visits, Site pages you access most frequently or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at MotiveStyle.com during a specific time period or the number of people who shopped at our Stores who are 25 years of age is Aggregate Information that does not personally identify a specific user. www.MotiveStyle.com will collect Aggregate Information.
Order-related and Promotional email
You agree that www.MotiveStyle.com is authorized to transmit email to you for the purpose of informing you about your particular transaction.
When subscribing to our promotional emails and providing your email address in the process, you will receive from us emails with details on the following kinds of products and related offers available from us or companies affiliated with us: apparel, fashion articles, accessories, and Motive Style’s socially conscious messaging. Depending on the information made available in the individual case, you may receive promotional emails at regular or irregular intervals until you decide to unsubscribe from our promotional emails.
We might share your email address with third-party service providers which will use it to compile or deliver the promotional emails to you on our behalf and subject to our instructions.
For the above purposes, your email address is collected and will be stored and otherwise processed by us and our service providers from and in the United States. Authorities of the European Union have not found the United States to provide an adequate level of protection of personal data, i.e. a level of protection of fundamental rights and freedoms that is essentially equivalent to that guaranteed within the European Union.
No other information than your email address is collected from you when subscribing to promotional emails and your email address will not be used or shared with third parties other than as described above.
With subscribing to our promotional emails and providing your email address in the process, you explicitly consent to the collection, storage and use of your email address for the purposes described above. You may revoke your declaration of consent and stop receiving our promotional emails at any time by following the link for unsubscribing in any of the promotional emails you receive.
Sharing Information with Third Parties
www.MotiveStyle.com, affiliate sites may divulge Personal Information if such action is required for Motive Style or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. In addition, we may divulge Personal Information if we or any of our service providers or consultants believes that such disclosure is necessary to address any unlawful acts or acts that may endanger the health or safety of another customer or of the general public.
Service Providers, Consultants and Affiliates
We may share Personal Information with service providers we have retained to perform services on our behalf (such as internet and technology service providers, mail houses, and delivery companies). We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to implement and adhere to adequate safeguards with respect to the protection of the privacy of Personal Information and as regards the exercise of the corresponding rights.
If you would like to object, please use the following link: http://tools.google.com/dlpage/gaoptout?hl=de
To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.
Use of Pixel Tags/Clear GIFs/Web Beacons
A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Security and SSL
Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information. To check the security of your connection, look at the lower right-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the Site address will change from “http” to “https.” Some versions of browsers and some firewalls don’t permit communication through secure servers. In that case, you won’t be able to connect to the server and therefore won’t be able to place an order through a secure connection.
If you prefer not to receive marketing emails from AmericanApparel.net or affiliate sites, please let us know by clicking on the unsubscribe link within any marketing email you receive from us.
Links to Other Sites
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of www.MotiveStyle.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither AmericanApparel.net nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.
Limitation on Liability
IN NO EVENT SHALL MotiveStyle.com OR ANY OF THEIR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
The laws of the State of Ohio will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.
General Privacy Principles Applicable to the EEA and Switzerland
We at Motive Style respect your concerns about privacy and value the relationship we have with you. The following outlines our general principles applicable to Personal Information that we collect online and offline in the EEA or Switzerland. Additional safeguards for the protection of such Personal Information might apply subject to the applicable law.
For purposes of this Policy:
“Customer” means any individual who is a potential or actual consumer of Motive Style or any of its European affiliates.
“Employee” means any current, former or prospective employee of Motive Style or any of its European affiliates who is located in the EEA or Switzerland.
“Personal Information” means information that (i) is transferred to the United States from the EEA or Switzerland, (ii) is recorded in any form, (iii) is about, or relates to, an identified or identifiable Customer or Employee, and (iv) can be linked to that individual.
“Sensitive Information” means Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offence committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Sites” means MotiveStyle.com and all websites owned and operated by Motive Style or its subsidiaries.
We notify our Customers and Employees located in the EEA and Switzerland about the purposes for which we collect and use Personal Information, the types of third parties to which we disclose the information (for example, service providers that process Personal Information on our behalf), certain privacy rights of our Customers and Employees (such as the right to access Personal Information and the choice for limiting the use and disclosure of the information), and how to contact us about our practices concerning Personal Information.
Employees (including job applicants) who submit Personal Information through our careers site may view our Privacy Notice for details about our Personal Information privacy practices. Employees can find additional information in the Employee Data Protection Policy available on Motive Style intranet and from local Human Resources representatives.
Purpose of Collection and Use of Personal Information
Motive Style and its European affiliates collect Personal Information through their Sites and in their Stores. In addition, Employees submit Personal Information to Motive Style and its European affiliates in connection with the employment relationship.
We process Personal Information about our Customers to (i) process transactions they request, (ii) improve our Sites, Customers shopping experience and quality of service, (iii) send communications about our products, services and promotions, (iv) prevent and detect fraud and abuse, (v) process information or claims in connection with incidents at our Stores, (vi) enable our service providers to perform certain activities on our behalf, and (vii) comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes.
We process Personal Information about our Employees to (i) carry out and support our human resources functions and activities, (ii) carry out our obligations under employments contracts and employment and benefits laws, (iii) administer employee participation in benefits, compensation and human resources plans and programs, (iv) manage employee performance, (v) implement compliance and discipline procedures, and investigate and report on Employee compliance and discipline, and (vi) comply with our legal obligations, carry out investigations and for internal administrative and analytics purposes.
We process Sensitive Information about our Employees to the extent necessary or appropriate for compliance with relevant legal or contractual obligations, including managing attendance and Employee records.
Customers located in the EEA and Switzerland may direct us not to disclose their Personal Information to third parties (other than our service providers). We do not use Personal Information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt out.
We may disclose Personal Information without offering individuals an opportunity to opt out (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with our Privacy Notice.
Onward Transfer of Personal Information
We may share Personal Information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to implement and adhere to adequate safeguards with respect to the protection of the privacy of Personal Information and as regards the exercise of the corresponding rights.
Access to Personal Information
Motive Style provides Customers and Employees with reasonable access to the Personal Information maintained about them. We also provide a reasonable opportunity, as required by applicable law, to correct, amend or delete that information where it is inaccurate. We may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the applicable law. To obtain access to Personal Information, Customers may contact Motive Style as specified in the “How to Contact Us” section of this Policy. Employees should submit requests for access to their Personal Information to their local Human Resources representative.
Motive Style maintains reasonable administrative, technical and physical safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Motive Style takes reasonable steps to ensure that Personal Information the company collects is relevant for the purposes for which it is to be used and that the information is reliable for its intended use and is accurate, complete and current. We depend on our Customers and Employees to update and correct their Personal Information whenever necessary.
End-user Location fixes – latitude / longitude coordinates, accuracy estimate and time stamp. Sourced from native OS location APIs. Location collection occurs periodically, based on significant location change events as reported by the native OS.
Information about the end-user device (e.g., make, model, OS, and other similar information). But not phone number or UDID. The version of the Gimbal software.
Location fixes that do not generate place events are not stored. The single location fix that does generate a place event is stored on the client, along with the corresponding place event. The set of generated PPOIs are stored on the client.
Place events and the location fix that caused the event are stored on the Gimbal servers. The set of generated PPOIs are stored on Gimbal servers. Gimbal Servers are located in the United States. All data transmission is sent encrypted via SSL.
Gimbal stores information on the client for up to sixty days, at which point it is overwritten on a rolling basis. Gimbal stores information on Gimbal managed servers for up to one year, at which point it is overwritten on a rolling basis.
We do not share personal information with others, except as follows:
We may share personal information with agents, service providers, vendors, contractors, or affiliates who (i) are bound to data privacy and security terms and conditions at least as restrictive as those in the Agreement and (ii) process the data only on our behalf for the purposes set forth above. We may also share personal information as required by law or in the interest of protecting or exercising our or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer personal information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business.
How to Contact Us
Please address any questions or concerns regarding our practices concerning Personal Information by:
Emailing to: Motive Style