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Introduction The Neiman Marcus Group, Inc. (“Neiman Marcus”) operates, www.JayStrongwater.neimanmarcus.com, (“Web Site”) pursuant to an agreement with Jay Strongwater (“Designer”). Both Neiman Marcus and Designer ("we" or "us”) recognize that you care how information about you is used and shared. We have created this privacy policy (“Privacy Policy”) to inform you of our information collection, use and sharing practices for this Web Site. This Privacy Policy only covers information collected at this Web Site, and does not cover any information collected offline by Neiman Marcus or Designer (unless specifically stated). Security Personal information provided on the Web Site and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you're about to enter a secure area. You may purchase online merchandise by calling toll-free 1.888.200.1553 -- 24 hours a day, seven days a week. One of our customer service associates will gladly take your order. We are committed to handling your personal information with high standards of information security. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Our website uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service center and stores also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information. Privacy policy To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. Because we respect your privacy, we have implemented procedures to ensure that your personal information is handled in a safe, secure, and responsible manner. We have posted this Privacy Policy in order to explain our information collection practices and the choices you have about the way information is collected and used. As we continue to develop our Web Site and take advantage of advances in technology to improve the services we offer, this Privacy Policy likely will change. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current Privacy Policy If you have a Neiman Marcus or Bergdorf Goodman credit card, click to review Neiman Marcus or Bergdorf Goodman Credit Card privacy statement online. This Privacy Policy was last updated on February 1, 2006. The information we collect Generally, you may browse the Web Site without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this Web Site. In some cases, if you choose not to provide us with the requested information, you may not be able to access all of this Web Site or participate in all of its features. We receive and store any personally identifiable information you enter on the Web Site, whenever you shop with us -- online, through our catalogs, or in our stores, or information you give us in any other way. For example, we may collect the following personally identifiable information: your name, address, telephone number, driver's license number, birth date, and e-mail address. If you use a credit or debit card or pay by check, we will also include your account number. When you register with us as an online customer, we may ask for additional information, such as your favorite designers. If you use one of our services, or participate in one of our promotions or sweepstakes, we may ask for additional information, such as your age, interests or product preferences. From your purchases and other interactions with us, we obtain information concerning the specific products or services you purchase or use. When you visit this Web Site, our web server automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions. How we use the information we collect We use the information we collect for various purposes, including:
Affiliates of The Neiman Marcus Group and Designer: All of the above information that we collect, as described above, may be shared among all Neiman Marcus entities, including Horchow and Bergdorf Goodman, and Designer’s affiliates, if any. Service providers: We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide us storage and analysis; (d) provide fraud prevention; and (e) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements. Other companies: We may provide information to carefully selected outside companies when we believe their products or services may be of interest to you. Business Transitions: We may transfer or share a copy of personal information about you in the event that Neiman Marcus or Designer or one of its properties, affiliates or subsidiaries, goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. You will be notified via e-mail or prominent notice on our Web Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. However, nothing in this Privacy Policy is intended to interfere with the ability of Neiman Marcus to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. Neiman Marcus specifically reserves the right to transfer or share a copy of personally identifiable information collected from this Web Site to the buyer of that portion of its business relating to that information. Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Web Site or the public. Your choices regarding use of the information we collect We provide you with a number of choices regarding our handling of your nonpublic personally identifiable information. Direct Mail or Telephone Marketing: If you wish to be removed from the list of customers that receive direct mail or telemarketing calls, please either:
Please note that we do not offer an opt out from sharing nonpublic personally identifiable information about you among Neiman Marcus Group and Designer entities. Your California Privacy Rights Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Neiman Marcus Customer Relations, P.O.Box 650589, Dallas, Texas 75265-0589. Please allow 30 days for a response. Cookies, Web Beacons, and how we use them A "cookie" is a small data file stored by your Web browser on your computer's hard drive. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database. A "web beacon" or "pixel tag" or “clear gif” is typically a one-pixel image, used to pass information from your computer to a website. We use cookies and web beacons to keep track of what you have in your shopping cart and to remember you when you return to the Web Site as well as to identify the pages you click on during your visit to our site and the name of the Web site you visited immediately before clicking to JayStrongwater.NeimanMarcus.com. We use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies and web beacons on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies. We may contract with third parties who may use cookies and web beacons and collect information on our behalf or provide services such as credit card processing, shipping, promotional services or data management. We call them our Customer Care Partners. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our other Customer Care Partners. However, we respect your right to choose whether to be included in such services. If you would like to opt out of these services, please
click here.
Mac user advisory Macintosh users must have Internet Explorer version 5.0 or greater to place an order at the Web Site. Earlier versions of Internet Explorer prevent Mac users from viewing secure pages in the checkout process. The Web Site cannot remedy this situation without compromising the high level of security we provide for online transactions. Warranty information Some items on our Web Site have a manufacturer's warranty; this is noted in the product description. To obtain a written warranty for any of these items, send a specific written request to:
Conditions of use, notices and disclaimers When you use this Web Site, you are automatically agreeing that both your access to the site and your use of it are:
Copyright The following elements of this Web Site are the property of Neiman Marcus or our suppliers and are protected by United States and international copyright laws:
The trademarks or trade dress of Neiman Marcus, the Designer and each of our affiliates may not be used without our written permission. Trademarks or trade dress include the Neiman Marcus names and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Neiman Marcus and Designer's products, services, and programs, and those of our affiliates. All other trademarks that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. Use You have permission to electronically copy and print hard copies of pages from this Web Site solely for personal, non-commercial purposes related to placing an order or shopping with the Web Site. Unless we give you written permission in advance, any other use of this Web Site, its content and its information, including linking or framing to this Web Site, are strictly prohibited. Errors and inaccuracies Our goal is to provide complete, accurate, up-to-date information on our Web Site. Unfortunately, it is not possible to ensure that any Web Site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. Disclaimer of liability We make no representations or warranties of any kind, whether express or implied, with respect to this Web Site, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Web Site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. No confidentiality Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. Applicable law By visiting this Web Site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates. Disputes Any dispute relating in any way to your visit to our Web Site or to products purchased here shall be submitted to confidential arbitration in Dallas, Texas. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. Protecting your information As part of our ongoing commitment to ensure that your shopping experience with the Web Site is protected, we will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law. |
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