Policies

1. Privacy

This website, which is located at www.marchesa.com (the “Site”), is published and maintained by Marchesa, with offices located at 601 West 26th Street, Suite 1425 New York, NY 10001. This Privacy Policy governs your access to and use of the Site. By visiting the Site, and/or using the related services, you agree to the terms of this Privacy Policy as they may be amended. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time.

 

This Privacy Policy is incorporated into, and is part of, Marchesa’s Terms and Conditions For Use of the Site (“Terms of Use”), which govern your use of the Site. The Site is intended for users who are located in the United States of America, and shall be interpreted under the laws of the State of New York and the United States. This Privacy Policy applies only to information collected by Marchesa via the Site and does not extend to any other website, whether or not it is affiliated with Marchesa and/or linked to the Site.

2. Personal Information

Marchesa recognizes the importance of protecting the privacy of everyone who visits the Site. Your privacy is a serious matter to us. In order to make your visits to the Site and use of the related services as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. In addition, we may automatically collect anonymous usage information, including the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to help us understand how people use the Site, and to enhance the products and services we offer.

We collect e-mail information to provide a more personalized and relevant experience. If you give us your e-mail address, we will send you e-mails about Marchesa and its products. If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from Marchesa (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section below). You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Subject to the following paragraph, Marchesa will neither disclose nor sell any information about you to a party unaffiliated with or unrelated to Marchesa except (i) to comply with applicable laws, regulations, subpoenas, or court orders or otherwise respond to government inquiries; (ii) to protect the rights or property of Marchesa or its affiliated or related entities, or (iii) if Marchesa reasonably believes that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of the public.

3. Third-Party Service Providers

Marchesa  may appoint third-party service providers to administer and/or operate certain functions or services relating to the Site or Marchesa’s operations and business, the proper performance of which may require a transfer of the information submitted by you. Any such transfer shall be under strict confidentiality and security obligations.

4. Unsolicited Materials

Through the Site, Marchesa requests that you provide certain types of information so that Marchesa may service you better. Please do not provide Marchesa with business, advertising, creative, and/or marketing materials or any other types of proposals, concepts, know-how, ideas, and the like (“Unsolicited Materials”). All Unsolicited Materials that we receive will not be subject to this Privacy Policy. By submitting any Unsolicited Materials, you agree that Marchesa shall have the sole discretion as to how to utilize such Unsolicited Materials, and you automatically provide to Marchesa a perpetual, royalty-free license to use and exploit the Unsolicited Materials in any manner in its sole discretion. If any Unsolicited Materials that you provide to Marchesa are protected by third-party copyright, trademark or other proprietary rights, you agree to indemnify Marchesa against any claims or actions brought against Marchesa relating to Marchesa’s use and/or possession of the Unsolicited Materials. Marchesa shall have no obligation to return any Unsolicited Materials which it receives.

5. Right To Opt Out

If you sign up to receive information from Marchesa, but later decide that you no longer want to receive such information, you may contact Marchesa at any time to cancel any such option. If you have previously opted out of receiving e-mails from us, providing updated information will act as an ‘opt back-in’. If you want to opt-out of receiving promotional e-mails, simply click on the unsubscribe link located on the bottom of all of our e-mails to opt-out of receiving e-mail correspondence from us in the future. Please note that requests may take up to six to eight weeks to become effective.

6. Use of Cookies

Cookies are pieces of information that a website may transfer to your browser that are then stored in your computer system. Cookies are returned to the website that deposited them when a visitor returns to that site. The deposit of cookies by the Site will allow Marchesa to save your preferences for your next visit. Marchesa’s cookies may also measure the general activity on the Site, which allows us to determine which areas and features are most popular. This information allows Marchesa to make improvements to the Site. Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent.

7. Security

Protecting your information is of primary concern to Marchesa. Marchesa stores the information that it collects on a secure server. Notwithstanding the foregoing, no transmission of information over the internet is guaranteed to be completely secure. It is possible that third-parties not under the control of Marchesa may be able to access or intercept transmissions unlawfully. While Marchesa will use all reasonable attempts to keep your information secure, we cannot absolutely guarantee that security. Thus, any information you transmit to us is at your own risk.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

8. Phishing

With identity theft a continuing problem, it has become increasingly common for unauthorized individuals purporting to represent a legitimate company such as a bank or on-line merchant, to send e-mail messages to consumers requesting that the consumer provides personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appear to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing.”

If you receive an e-mail or other correspondence requesting that you provide any sensitive information via e-mail or to a website that does not seem to be affiliated with the Site but which purports to be from and/or affiliated with Marchesa, or that otherwise seems suspicious to you, please do not provide such information, and promptly report such request to us.

9. Children and Privacy

Marchesa does not intend to collect any personal information from anyone under the age of eighteen (18) years of age. If we learn that someone under the age of eighteen (18) has provided Personal Information to and/or through the Site, we will promptly remove such information from the Site’s files.

10. Consent to Processing

The Site is hosted and operated in the United States pursuant to United States law. By transmitting Personal Information to and/or through the Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

11. Third-Party “Linked-To” Websites

When you are viewing the Site, you may have the opportunity to visit, or link to, other sites not operated by Marchesa, including other websites operated by unaffiliated third parties. These sites may collect Personal Information about you. Marchesa does not control sites that are operated by these entities and is not responsible for the information practices of those sites. This Privacy Policy does not address the information practices of those other websites.

12. Changes To This Privacy Policy

Marchesa reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of the Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to abide by the Privacy Policy as amended. Under certain circumstances (for example, if we would like to use your Personal Information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.

Effective Date: March 18, 2013