Privacy Policy

Thank you for visiting the Waxing Poetic website (the “Site”).

Your privacy is very important to us and we want you to fully understand our privacy practices. Please read this privacy policy (“Privacy Policy”) before using our Site and/or providing us with any information.

This Privacy Policy explains how we gather and use information we collect from you through the Site or otherwise. By using the Site or otherwise providing us with information, you have accepted the practices described in this Privacy Policy.

Specifically, you consent and agree to (1) the collection, gathering, storing, disclosure, use and transfer of your Personal Information (as defined below) and Anonymous Information (as defined below) as set forth below and (2) be bound by the terms and conditions of this Privacy Policy and our Terms of Use (into which this Privacy Policy is incorporated by this reference).

Please note that our Privacy Policy is updated from time to time and changes are effective upon posting. Please check back frequently for updates as it is your responsibility to be aware of changes and Waxing Poetic does not provide notice of changes in any manner other than posting at the Site.

1. DEFINED TERMS

“Anonymous Information” means information that cannot, by itself, be used to identify a particular person or entity.

“Company”, “we”, “us” or “our” refers Pagliei Collection, Inc., Waxing Poetic and its affiliates and related parties.

“Personal Information” means any information that may be used to identify an individual, including first and last name, physical address, email address, telephone number, as well as an individual’s financial information, including billing, bank account and/or credit card information.

“You”, “your” and “yours” refers to the web surfer and user accessing and utilizing our Site.

2. INFORMATION COLLECTION

Our primary purpose in collecting Personal Information and Anonymous Information (collectively, “Information”) is to enable us to best provide products, designs and services that will satisfy your needs, tastes and preferences, and to customize our services to make your experience safer, easier and efficient. We only collect Information about you that we consider necessary for achieving these purposes.

2.1 Collection of Personal Information

(a) User Direct Information. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, once you give us your Personal Information through the Site or by telephone, you are not anonymous to us. For example, if you decide to place an order, we will ask for your delivery and billing address, phone number(s) and credit card information (including number and expiration date). Where possible, we indicate which fields and information are required and which fields and information are optional.

(b) Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site, we may collect, gather and store such Personal Information into a file specific to you.

2.2 Collection of Anonymous Information

(a) Site Behavior. We automatically track, record and store certain information based upon your behavior on the Site to gather Anonymous Information. Such Anonymous Information may include your IP host address, click-throughs, pages viewed, content delivery, browser type, Internet browsing and usage habits, Internet Service Provider, domain name, the time/date of your visit to our Site, your computer’s operating system and URL information, such as the URL that you just came from (whether this URL is on the Site or not), and which URL you next go to (whether this URL is on the Site or not).

(b) Cookies. On occasion, we may also use data collection devices such as “cookies” on certain pages of the Site to collect certain Anonymous Information to help us analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small text files placed on your hard drive by a website that you are visiting. These cookies record preferences and other data about your visit to that particular website, and thus assist us in providing our services to you. We also use cookies to avoid repetitious actions, such as reentering your password during a session. We offer certain features that are only available through the use of a “cookie”. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

(c) Web Beacons. Anonymous Information may also be obtained through web beacons (also known as “action tags”, 1×1 pixels or clear GIFs). A web beacon is a programming code that can be used to display an image on a web page or email message for the purpose of transferring data. This information allows us to track certain websites you visit or emails that you read. As such, web beacons are also used to track online behavioral habits for marketing purposes to determine products or services you may be interested in.

(d) New Technology. The use of technology on the internet is rapidly developing. We strongly encourage you to revisit this Privacy Policy for any updates regarding our collection, and use, of new technology to obtain Information.

3. USE AND SHARING OF PERSONAL INFORMATION AND ANONYMOUS INFORMATION

The following paragraphs describe how we currently use and share Information, but we reserve the right to amend, broaden or otherwise change our use of Information at any time.

3.1 Business Reason.

Anonymous Information may be used by us for business reasons, such as to research our users’ demographics, aesthetic preferences, interests, and behavior to generate statistics, develop market plans and design products, as well as to better understand, protect and serve you and our community.

3.2 Affiliates and Advertisers.

We share Anonymous Information with our divisions, affiliates, related parties, and advertisers.

3.3 Email Marketing.

After purchasing a Waxing Poetic product, we may also send you email messages describing new products, special offers, and great values. If for any reason you no longer want to receive such marketing emails from Waxing Poetic, please contact us and request to be removed from our email marketing list. Please allow up to 14 days for us to process your request. However, please note, that you may still receive emails regarding any pending orders (such as order confirmation, shipping information, customer service notifications, etc.) after you request to be removed from our email marketing list.

3.4 Legal Reasons.

We may need to disclose Information (including Personal Information) for legal reasons. For example, we may disclose your Information (a) in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights, defend against legal claims or protect the Company from liability; (b) if you violate or breach an agreement with us[, or to enforce the Terms of Use policy; (c) if we believe you may harm the property or rights of the Company, its owners, or other users; (d) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, security or technical issues; (e) or as otherwise required by law and other legal processes.

3.5 Third Parties.

(a) Conduct Business. We may rely on third parties (companies and individuals) to perform functions on our behalf. For example, we may share and transfer your Personal Information with and to third parties when necessary to conduct business, such as data entry, customer service and support, web hosting, order fulfillment, invoicing and collecting payments. These third parties will be permitted to obtain Information to the extent needed to perform their functions.

(b) Sharing Information. We reserve the right to share Anonymous Information, such as summary or aggregated anonymous information, with third parties.

3.6 Merger, Sale or Reorganization.

In the event, we are involved in a business transition, such as a merger, sale, acquisition, reorganization, bankruptcy or other change of business status, we reserve the right to assign or otherwise transfer the right to your Information.

4. Third Parties’ Privacy Practices

The privacy practices set forth in this Privacy Policy are for the Waxing Poetic Site only. We do not exercise control over any other site displayed as search results or web sites that include our products or services. If you link to other web sites, please review the privacy policies posted on those web sites.

5. SECURITY

This Site employs commercially reasonable efforts to protect our users’ Information. We comply with all applicable data security laws and we will comply with all applicable notification requirements required under the law.

Not withstanding such measures, we do not guarantee that these security measures will prevent our computers from being illegally accessed, and the Information on them stolen or altered.

Please be advised that, although we take reasonable technological precautions to protect your Information, no transmission over the internet can be guaranteed to be 100% secure and we cannot warrant that your Information will be absolutely secure or free from unauthorized access by third parties, such as hackers. Any transmission of Information at or through our Site is at your own risk and your use of the Site demonstrates your assumption of this risk.

6. NOTIFICATION OF CHANGES

As we update or expand the Site, services or products, the terms of this Privacy Policy may change. If we decide to amend or otherwise change our Privacy Policy, we will post those amendments or changes to the Privacy Policy on our Site so our users are always aware of such changes or amendments. Any such amendments or changes will be effective upon posting.

7. FOREIGN USE OF THE SITE

To the extent that you are accessing the Site while domiciled outside of the United States, you acknowledge that the Information you are providing us is collected and stored in the United States and therefore consent to the transfer of information to and storage of the Information outside of your domiciled country and in the United States.

8. CALIFORNIA USER CONSUMER RIGHTS

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov . For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

9. CAN-SPAM ACT

We are committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 codified at 15 U.S.C. Sec. 7701 (the “Spam Act”).

10. CONTACT INFORMATION

If users have any questions or suggestions regarding our Privacy Policy, please contact us:

Phone: 1.877.724.5434

Facsimile: 1.775.593.2803

E-mail: weborders@waxingpoetic.com

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