Privacy Policy For Fortunoff Backyard Store

Last updated: October 22, 2013

At fortunoffbys.com, we respect our customers and understand that you are concerned about privacy. We post this privacy policy to let you know what kind of information we collect, how it is handled, with whom it may be shared, what choices you have regarding our use of your information, and how you may access some of the data you provide to us.

This Privacy Statement sets forth guidelines concerning how Fortunoff Backyard Store gathers and uses information about your interaction with the fortunoffbys.com website. This Privacy Statement concerns only the fortunoffbys.com site, and not any other site to which the fortunoffbys.com site may link. Please note that this Policy may change from time to time. Please check the policy each time you visit this Website for the most current version.

Our primary goal in collecting personal information - including your first name, last name, purchase history, phone number(s), valid e-mail and residential address and credit card data is to provide you with a smooth, efficient, customized shopping experience and to let you know about offers that may be of interest to you.

Your satisfaction with the fortunoffbys.com site is our highest priority. Please read this Privacy Statement carefully, to understand what we do with the personal information that we collect as part of your interaction with this website, and consult our terms of use for more information about the general terms and conditions regarding your use of this site. In the event that you have any questions or concerns about this Privacy Statement, please contact us by electronic mail at customer.service@fortunoffbys.com,by telephone at 855-337-8785, or by postal mail at:

Fortunoff Backyard Store
1325 Franklin Avenue, Suite 230
Garden City, NY 11530

If you elect to contact us by e-mail or postal mail, please include information in your e-mail or letter that will help us identify you so that we can most expeditiously respond to you.

Information Fortunoff Backyard Store Via The fortunoffbys.com Site

When you visit and browse the fortunoffbys.com site, we may collect two different types of information about you -- information you give us, and information we collect through technology. In order to serve you better, we may combine the information you provide us online, in our stores and through our catalogs. We use that information to improve your overall shopping experience.

Information You Give Us:

1. Orders The fortunoffbys.com site uses an order form for customers to request products and services. This form collects your name, postal address, e-mail address, telephone number, and financial information (e.g., credit card numbers). You may choose not to provide this information, but then you will not be able to place orders via the fortunoffbys.com site.

2. Other Our site has a customer service incident submission form that is hosted by a third party. This form collects your name, e-mail, and free-form text describing your problem. Our site may also have a catalog request form. This form collects your name and postal address. You may choose not to provide the information requested in these forms, but then you will not be able to report a problem you have experienced on the fortunoffbys.com, or order a catalog.

Information Automatically Collected

Like other companies, fortunoffbys.com may use third-party advertising companies to serve ads (e.g., banners or links) on its behalf. These companies may employ cookies and action tags (also known as single pixel gifs or Web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is anonymous.

fortunoffbys.com uses cookies. Cookies are bits of electronic information that a website records on your computer hard drive when you visit and browse a site. We use cookies for a variety of reasons, including maintenance of your shopping cart. We also use cookies to track the effectiveness of advertising campaigns. Although most browsers automatically accept cookies, you can adjust your browser to prevent cookie distribution or to notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. Without accepting a cookie, you can still access most of the content at fortunoffbys.com, though you cannot complete a purchase, and some aspects of the site may not function properly.

We also collect certain technical information from your computer each time you request a page during a visit to fortunoffbys.com. This information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring Web site, if any. Our website may also use other technical methods to track visitor usage, including web beacons. ("Web beacons" are small pieces of data that are embedded in images on the pages of a website.) We may also use these technical methods to analyze the traffic patterns on our fortunoffbys.com, such as the frequency with which our users visit various parts of our website. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send visitors to our website to determine whether such visitors have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable.

Advertisements appearing on our website may be managed and placed on our website by third parties. Third parties who place advertisements on our website may also use cookies and web beacons to collect non-personally identifiable information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. In some cases, we may have access to information from web beacons and cookies used by these third parties on our sites and this information may permit us to identify other sites that you have visited that are also associated with the third party advertiser.

How Information Fortunoff Backyard Store Via the fortunoffbys.com Site Is Used

We may use personally identifiable information we collect about you when you visit and browse our website in many ways. Representative examples of the ways in which we may use personally identifiable information we collect about you when you visit and browse our website are set forth below. If you have any questions about how we use your personal information, please contact us at customer.service@fortunoffbys.com.

Use in Connection with Completing Transactions

We may use personally identifiable information we collect about you when you visit and browse our website to complete transactions requested by you (such as your purchase of a product or service offered on the fortunoffbys.com site), including to authorize charges and to send orders to you or to your intended recipient, communicate information concerning order status, or to reach you if there is a problem fulfilling your order. Financial information that is collected is used to bill you for products and services.

Use in Connection with our Customer Service Incident Form

Our fortunoffbys.com site has a customer service incident submission form that is hosted by a third party. Information that you submit may include your name, e-mail, and free-form text describing your problem. We may use this information to research our own records and to help resolve the problem. Though incident data is stored on a third party server we administer the system and the third party is prohibited from accessing our data. We do not use information from this system for any purpose other than in connection with attempting to resolve customer service issues.

Use in Connection with Promotional Offers

For marketing and promotional purposes; for example, we send out e-mail and direct mail to our online and store customers about products or events that we think may be of interest to them. We also may send you offers for discounts on our site or in our stores.

We may use personally identifiable information we collect about you when you visit and browse our website to communicate promotional offers to you concerning goods and services (including special offers and promotions) either offered by us or by third parties. "Promotional communications" means communications that directly promote the use of our website, or the purchase of products or services. We may also share your information with third parties so that these third parties can communicate with you directly about such promotional offers. These promotional offers may be made by postal mail, e-mail, telephone, or other means.

We may also share your personally identifiable information with third parties so that they can send you promotional offers about goods and services (including special offers and promotions) offered by them. If we share your personally identifiable information with a third party for this purpose, your personal information will become permanently subject to the information use and sharing practices of the third party, and the third party may not be restricted by this Privacy Statement with respect to its use and further sharing of your personal information. In the future, if you would like to opt out of receiving such communications from such third parties, you must consult such third parties’ privacy policies directly.

Use in Connection with Third Party Offers

We may also share your information with third parties when you engage in certain activities on our website that are sponsored by third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party. We may also share your personal information when you respond to promotional materials from us and you authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional offers, providing you a product or service, or entering you in a contest, sweepstakes or game. When you participate in such promotions, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate's privacy practices. If you do not agree your information will not be shared and you will not be entered in such promotion.

In certain circumstances, your dealings with a third party may have authorized that third party to obtain your personal information from us and to use that information in accordance with the third party's own privacy practices and policies. For example, in using an online shopping service (such as the shopping services offered by Internet portals that refer the portal's users to third-party merchants), you may have authorized that shopping service to obtain from the service's participating third-party merchants (including us) information about your purchases conducted through the shopping service. We will provide such companies only the information that you authorized (except as separately permitted under other provisions of this Privacy Statement). In the example given above, the shopping service would be provided only information concerning purchases you made from us through that shopping service, and would not be provided any other information concerning you, unless any additional sharing of your personal information were separately permitted under another provision of this Privacy Statement.

Other Uses

Sometimes we hire companies to help deliver products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a contest. In those instances, there is a need to share your information with these companies and by consenting to receiving the product or service, or opting into the promotion, you authorize us to share information with these third parties to assist us in delivering the product, service or promotion. Sometimes we also work with other companies who help either gather your information or communicate with you. Except as separately permitted by the guidelines of this Privacy Statement, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or as permitted by law.

Finally, we may take any personally identifiable information that we collect from you when you visit and browse our website and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under the guidelines set forth in this Privacy Statement upon our right to aggregate or de-personalize your personal information, and we reserve the right to use and/or share with third parties the resulting non-personally identifiable information in any way.

Additional Ways Personally Identifiable Information May be Disclosed

1. In Connection With A Sale of All or Part of Our Business

At any time, we may sell all or part of our businesses and your personally identifiable information may be transferred as a part of any such sale. In the event that we do sell all or part of our business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by this Privacy Statement (including any amendments to this Privacy Statement).

2. As Required By Law, or to Protect Your, Our, or a Third Party's Safety, or Security

We will disclose personal information when it believes in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our websites, databases, and/or third parties, including the safety and security of tangible and/or intangible property that belongs to us or to third parties.

Choice/Opt-Out

You may at any time choose to opt-out of receiving postal, electronic mail, and/or telephone communications from Fortunoff, or from third parties with whom Fortunoff has shared your name, address, telephone number, and/or e-mail address. These opt-out choices are the means by which you give us, or decline to give us, your consent to use this personal information or to share it with third parties. There are three methods by which you can exercise your opt-out choices: (a) at the time you first submit such information via the fortunoffbys.com site; or (b) after submission, by contacting us by electronic mail at customer.service@fortunoffbys.com, by telephone at 855-337-8785, or by postal mail at:

Fortunoff Backyard Store
1325 Franklin Avenue, Suite 230
Garden City, NY 11530

If you elect to contact us by e-mail or postal mail, please include information in your e-mail or letter that will help us identify you so that we can most expeditiously respond to you.

Please note that, if you do not exercise one or more of your opt-out choices when you first submit personal information to Fortunoff via the fortunoffbys.com site, it may take us some time to fully affect your opt-out choices. This is because our systems require time to update, and postal, e-mail, and telephone communications using information shared by you before your opt-out may already be works in process. Thus, you might continue to receive postal, e-mail, or telephone communications from us or a third party based upon the personal information you have provided under this Privacy Statement for a short time after you changed your opt-out choice(s). For similar reasons, your personal information might continue to be shared with third parties for a short time after you change your opt-out choice(s).

To access and update your name, postal address, e-mail address, or any other information that would directly enable us to contact you, or modify your opt-out choices, contact us by electronic mail at customer.service@fortunoffbys.com, by telephone at 855-337-8785, or by postal mail at:

Fortunoff Backyard Store
1325 Franklin Avenue, Suite 230
Garden City, NY 11530

If you elect to contact us by e-mail or postal mail, please include information in your e-mail or letter that will help us identify you so that we can most expeditiously respond to you.

There are instructions on the fortunoffbys.com site to help you recover your username and password if you've forgotten either or both. We may also provide you an opportunity to update your information and/or modify your opt-out choices by sending you an e-mail, writing you a letter, or telephoning you and inviting your response. Finally, you may unsubscribe from e-mail communications sent by Fortunoff Backyard Store or by third parties using information shared by Fortunoff Backyard Store by clicking on unsubscribe links in those e-mails.

Links to Other Sites

fortunoffbys.com may link to various third party sites. Each of these third party sites has its own separate privacy and data collection practices, independent of fortunoffbys.com. These linked sites are only for your convenience and you access them at your own risk. fortunoffbys.com has no control over these linked sites, no responsibility or liability for these independent policies or actions, and is not responsible for the privacy practices or content of such websites. We invite any feedback pertaining to sites that we may link to.

Security

Our site has security measures in place to protect the loss, misuse and alteration of the information under our control. When you place orders or access your personal information on-line, we offer the use of a Secure Socket Layer (SSL) encryption technology. Personal information is stored behind a secure network firewall monitored by a tier-1 Internet service provider, 24 hours a day, 7 days a week. Credit card information is deleted from our Internet server 72 hours after your order is received. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

Warning about Fraudulent E-mails

"Phishing" is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through e-mail.

Children

fortunoffbys.com does not sell products for purchase by children under the age of 13. We sell children's products for purchase by adults. If you are under 13, you may use fortunoffbys.com only with involvement of a parent or guardian.

Statement Changes

If we decide to change this Privacy Statement in whole or in part, we will inform you by posting a notice on our web site. Those changes will go into effect on the date posted in the notice.

Additional Information for California Residents

California Civil Code Section 1798.83 permits California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us by electronic mail at customer.service@fortunoffbys.com, by telephone at 855-337-8785, or by postal mail at:

Fortunoff Backyard Store
1325 Franklin Avenue, Suite 230
Garden City, NY 11530

If you elect to contact us by e-mail or postal mail, please include information in your e-mail or letter that will help us identify you so that we can most expeditiously respond to you.