Last modified: July 9, 2005
U.S. Privacy Policy
Club Monaco respects your privacy. Consistent with our commitment to providing you a satisfying and helpful shopping experience, we have found that collecting Personal Information (defined below) through www.clubmonaco.com (the "Site") and our Club Monaco stores (referred to in this Privacy Policy as the "Stores"), helps us better understand the products and services most helpful to you. Our Privacy Policy describes the types of information we gather online and in our Stores and how we use this information. Please read this information carefully.
By accessing the Site and shopping in our Stores, you agree to be bound by the Privacy Policy. This Privacy Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the terms of this Privacy Policy, please do not use this Site and refrain from purchasing from us.
Use of Information Collected by Us
Club Monaco 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 Club Monaco stores).
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 Site and Stores to your interests.
Personal Information Collected Online at clubmonaco.com and at Our Stores
Personal Information is collected online by us or our service providers (e.g., such as DoubleClick) on our behalf when users voluntarily register with Club Monaco, receive electronic newsletters, use communication services, answer surveys and enter contests and other promotional opportunities provided on our site and when users utilize the "Email to a Friend" feature. We may receive personal usage and demographic information from our Stores and from third parties we work with including, for example, DoubleClick (www.doubleclick.com). For information regarding DoubleClick's privacy policy, click here.
In our Stores, Personal Information is collected from you in a number of ways, including the following:
Aggregate Information Collected Online by Clubmonaco.com and at Our Stores
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products viewed, 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 clubmonaco.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. Both clubmonaco.com and our Stores collect Aggregate Information.
Promotional email
Clubmonaco.com and its affiliates may offer electronic newsletters and promotional emails to those who have agreed to receive emails during registration. Unsubscribe instructions are included in each promotional email.
Sharing Information with Third Parties
Clubmonaco.com does not share, sell or trade with third parties your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you, except with your consent or as described in this Privacy Policy. Clubmonaco.com does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.
Clubmonaco.com and our Stores may divulge Personal Information if such action is required for Club Monaco 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 and Aggregate Information with our service providers, consultants and affiliates for our internal business purposes.
For example, we use the services of Omniture, Inc (www.omniture.com) to help us measure the effectiveness of our advertising and how visitors use our Site. Omniture's privacy policy is located at http://www.omniture.com/web_analytics-privacy.html. To utilize Omniture's services, clubmonaco.com uses web beacons (also called pixel tags or clear GIFs) and cookies, which are defined below and provided by Omniture on our Site. The type of information we collect includes products viewed and/or purchased, your location (state/zip code if you placed an order) and the Internet Protocol (IP) address of your computer. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our Site, our servers log your IP address. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although Omniture logs the information coming from the Site on our behalf, clubmonaco.com controls how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers, and marketing strategy by utilizing Omniture's tool, you can "opt-out" of this Web site analysis tool by clicking here.
We also share with DoubleClick Site usage information about visitors to our Site who have received a targeted promotional campaign with DoubleClick for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, clubmonaco.com and DoubleClick note some of the pages you visit on our Site through the use of web beacons, which are defined below.
Finally, both clubmonaco.com and our Stores, use Acxiom (www.acxiom.com) for data processing services relating to the maintenance of our customer marketing database. Acxiom has agreed to maintain our customer information in confidence and to not disclose customer information to any third parties unless required to do so by law or authorized to do so by Club Monaco for purposes consistent with this Privacy Policy.
Use of Cookies
A cookie is a small data file that Web sites, when you visit them, often store on your hard drive. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you've visited. clubmonaco.com uses cookies to, preserve the contents of your shopping bag between your visits. clubmonaco.com also uses cookies to measure activity on our Site, which allows us to determine which areas and features of our Site are most popular. This information allows us to make improvements and updates to enhance your clubmonaco.com experience. Parts of the Site, such as the members-only areas (for example, shopping) will not function if you do not have cookies enabled. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you turn off cookies or refuse them, though, you will not be able to make a purchase from the Site, nor will we be able to recognize you as a registered user to allow you access to your account information.
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.
Notice to P3P Users
The Platform for Privacy Preferences Project ("P3P") is a standard developed by the World Wide Web Consortium ("W3C") that provides an automated, machine-readable mechanism for understanding the use of your Personal Information by the Web sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a Web site's privacy policy to provide a cross-section of how the particular Web site handles the personally identifiable information of its users. P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled Web sites and compare this information to the user's own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set cookies to deliver P3P "compact" cookie policies with their cookies, and other browsers may use this mechanism soon. To enhance your online experience further, the Site is now P3P enabled. For more information on the W3C and P3P, please visit http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe clubmonaco.com's privacy practices as accurately as this Privacy Policy. Accordingly, where discrepancies exist between this Privacy Policy and the P3P "compact" policies, this Privacy Policy shall control.
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.
Information Removal/Opt-Out
If you prefer not to receive marketing emails from clubmonaco.com, please click on the unsubscribe link within any marketing email you receive from us. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to Brooke K. Travis, Senior Manager of Global Creative Marketing, Club Monaco Inc., 601 West 26th Street, 8th Floor, New York, NY 10001. Please be sure to include in any email or postal mail your full name, email address, postal address and any message.
Please note that such requests may take up to ten (10) days to become effective.
If you do not wish to have Personal Information collected in our Stores shared with third-party organizations, you can have your name placed on a "do-not-share" list (in which case, such Personal Information will not be shared with third parties) by sending a request to Brooke K. Travis, Senior Manager of Global Creative Marketing, Club Monaco Inc., 601 West 26th Street, 8th Floor, New York, NY 10001.
Children and Privacy
Clubmonaco.com is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.
Our Site is not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
Links to Other Sites
clubmonaco.com may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. Neither we nor any of our service providers have any responsibility for those sites, and we provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with this Privacy Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. Neither Club Monaco nor any of our service providers control the content that appears on these sites or take any responsibility for their content, nor should it be implied that clubmonaco.com endorses or otherwise recommends such sites or their products or services offered.
Personal Information Collected By Club Monaco and Correction Requests
You can ask us by mail for a summary of any Personal Information that clubmonaco.com or the Club Monaco Stores have retained about you. Please address your request to Brooke K. Travis, Senior Manager of Global Creative Marketing, Club Monaco Inc., 601 West 26th Street, 8th Floor, New York, NY 10001. We will send such information for review only to the email address or mail address that we have on file for the visitor name that is associated in our database for such information.
If at any time you wish to change, correct or update your Personal Information, please send your request to Brooke K. Travis, Senior Manager of Global Creative Marketing, Club Monaco Inc., 601 West 26th Street, 8th Floor, New York, NY 10001. Please be sure to include your email address, full name and postal address.
Additional Information
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 clubmonaco.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither clubmonaco.com 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 CLUBMONACO.COM, THE CLUB MONACO STORES 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.
Applicable Law
The laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.
Club Monaco Corporation (“Club Monaco”) respects your privacy. Consistent with our commitment to providing you a satisfying and helpful shopping experience, we have found that collecting Personal Information (as such term is defined below) through our website clubmonaco.com (the “Site”) and our stores (the “Stores”), helps us better understand the products and services most helpful to you and enhances your overall shopping experience.
This Privacy Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the terms of this Privacy Policy, please do not use this Site and refrain from purchasing from us.
This Privacy Policy has been implemented to comply with Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA") and any other provincial privacy legislation and sets forth the types of information we gather online and in the Stores and how we use this information. Please read this information carefully.
What is Personal Information?
Personal Information is virtually any information that refers to an individual specifically and is recorded in any form. Personal information includes such things as age, income, date of birth, ethnic origin, medical records and financial information. Information about individuals contained in the following documents is not considered Personal Information:
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 clubmonaco.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. Both clubmonaco.com and our Stores collect Aggregate Information and Aggregate Information does not constitute Personal Information.
How is Personal Information collected?
Personal Information is collected online by us or our service providers (e.g., such as DoubleClick) on our behalf when users voluntarily register with Club Monaco on our site, receive electronic newsletters, use communication services, answer surveys and enter contests and other promotional opportunities provided Club Monaco, when users make a purchase, and when users utilize the "Email to a Friend" feature. . We may receive personal usage and demographic information from our Stores and from third parties we work with including, for example, DoubleClick (www.doubleclick.Com). For information regarding DoubleClick’s privacy policy, click here.
In addition, information may be collected from you online through the use of the following:
To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.
In our Stores, Personal Information is collected from you in a number of ways, including the following:
Is Personal Information Shared With Service Providers, Consultants and Affiliates of Club Monaco?
We may share Personal Information and Aggregate Information with our service providers, consultants and affiliates for our internal business purposes.
For example, we use the services of Omniture, Inc (www.omniture.com) to help us measure the effectiveness of our advertising and how visitors use our Site. Omniture’s privacy policy is located at http://www.omniture.com/web_analytics-privacy.html. To utilize Omniture’s services, Club Monaco uses web beacons and cookies, which are defined above and provided by Omniture on our Site. The type of information we collect includes products viewed and/or purchased, your location (state/zip code if you placed an order) and the Internet Protocol (IP) address of your computer. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our Site, our servers log your IP address. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although Omniture logs the information coming from the Site on our behalf Club Monaco controls how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers, and marketing strategy by utilizing Omniture’s tool, you can "opt-out" of this Web site analysis tool by clicking here.
In addition, we also share with DoubleClick Site usage information about visitors to our Site who have received a targeted promotional campaign with DoubleClick for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, Club Monaco and DoubleClick note some of the pages you visit on our Site through the use of web beacons, which are defined below.
1. ACCOUNTABILITY
Club Monaco is responsible for Personal Information under its control, including any Personal Information that is transferred to third parties for processing, storage or other purposes. We have designated a Privacy Officer and trained employees who are accountable for our compliance with this Policy and all applicable privacy laws.
When we use trusted third parties to act on our behalf by performing such functions as fulfilling orders, delivering packages, processing credit card payments or providing customer service, contractual or other appropriate means are used to ensure compliance by such third parties with this Policy and all applicable privacy laws.
2. PURPOSE OF COLLECTION
We use Personal Information in an effort to improve your shopping experience, to communicate with you about our products, services, promotions and contests, to protect you and us from error and fraud, to process your applications and to keep track of transactions and to comply with legal and governmental requirements. 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 Site and Stores to your interests.
In addition, unless the purpose is self-evident due to the nature of the transaction in question, Club Monaco will identify the purposes for which Personal Information is collected at or before the time the information is collected.
The proposed purposes will be described in a reasonably understandable manner.
An example of a self-evident purpose is requesting the name and address of the person placing an order in order to ensure proper delivery.
3. CONSENT
We will collect, use or disclose your Personal Information only with your knowledge and consent, except where required or permitted by law. The method of obtaining consent is appropriate to the type of Personal Information being collected, used or disclosed:
Club Monaco will not make your consent a requirement to the supply of a product or a service other than required to be able to supply the product or service.
You may withdraw your consent at any time, on reasonable notice, subject to legal or contractual restrictions. Club Monaco will inform you of the implications of doing so. To amend your consent, refer to the Contacting us and/or Challenging Compliance section.
4. LIMITING COLLECTION
The collection of Personal Information by Club Monaco will be limited to what is necessary for the purposes which it identifies. If the Personal Information we require is collected for a reason other than to provide products and services, your consent will be obtained before or at the time it is collected. Club Monaco will collect Personal Information by clear, fair and lawful means.
5. LIMITING USE, DISCLOSURE, AND RETENTION
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required or permitted by law.
It will be retained only as long as necessary for these purposes or as required by law.
6. ACCURACY
We will keep your Personal Information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You may request access to your Personal Information we have on record in order to review and amend the information, as appropriate. In circumstances where your Personal Information has been provided by a third party, we will refer you to that party (e.g. credit bureaus). To access your Personal Information, refer to the Contacting us and/or Challenging Compliance section.
7. SAFEGUARDS
Club Monaco will protect Personal Information by security safeguards appropriate to the sensitivity of the information, including through the use of the following measures:
8. OPENNESS
Information about our policies and practices relating to the management of Personal Information will be made readily available to individuals. This Policy and any related information is available at all times on our web site, www.clubmonaco.com under Privacy Policy or on request.
9. INDIVIDUAL ACCESS
Upon request, Club Monaco will inform you of the existence, use and disclosure of Personal Information relating to you, and give you access to that information. You have the right to challenge the accuracy and completeness of your information and have it amended as appropriate.
10. CONTACTING US AND/OR CHALLENGING COMPLIANCE
For anything to do with this Policy, including questions, comments, withdrawing consent or to challenge our compliance with this Policy, please contact us as follows:
Brooke K. Travis, Senior Director of Global Communications
601 West 26th Street, 8th Floor
New York, New York
10001, USA
Phone: 212-886-2660
Club Monaco will inform individuals who make enquiries or lodge complaints about its enquiry or complaint procedures, as applicable. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLUBMONACO.COM, THE STORES 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.
Additional Information
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 clubmonaco.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither clubmonaco.com 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.
Of course, this Policy is subject to PIPEDA and/or any other applicable privacy laws and Club Monaco's reserves the right to change it at any time.
Children and Privacy
Club Monaco is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.
Our Site is not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
Links to Other Sites
Our Site may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. Neither we nor any of our service providers have any responsibility for those sites, and we provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with this Privacy Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. Neither Club Monaco nor any of our service providers control the content that appears on these sites or take any responsibility for their content, nor should it be implied that Club Monaco endorses or otherwise recommends such sites or their products or services offered.