Privacy Policy

Steven Vardi, Inc. d/b/a Vardi Company and/or any of its related, affiliated and/or subsidiary companies and retail, marketing and promotional partners (collectively, “VC”, and also referred to as “We” or “Us”) provide to You (“You” or “Your”) certain Websites, apps, products and services (collectively, “Products and/or Services”). These Terms of Use govern Your use of the same and your access to Content, collectively, products, text, layout, images and graphics and the selection and arrangement thereof. The words “User,” “You” and “Your” as used in this Agreement refer to all persons who access or use the Products and/or Services.

VC recognizes that Your privacy and the protection of Your Personal Information is important to you, and therefore, has adopted this Privacy Policy. This Privacy Policy describes VC’s privacy practices and how VC treats the Personal Information that it collects from You when You use VC, including any Personal Information You provide when You conduct business with VC on or through VC or use VC’s Products and/or Services that are provided on or through VC.

For the purposes of this Privacy Policy, “Personal Information” is information that (i) You provide to VC and (ii) personally identifies You. Personal Information includes Your name, email and postal address, telephone number, credit/debit card number and other data that can be used to personally identify or contact You.

HOW WE OBTAIN PERSONAL INFORMATION

VC may obtain, collect, retain, store or otherwise maintain Your Personal Information from the following sources:

Your Registration to trade the Products originating from VC: In order to purchase or resell the Products or use the Services, We require that You register with VC. You will be required to provide Personal Information to VC in order to register with VC (“Your Registration”) and maintain Your Registration. Existing members are not required to re-register.
Your Communications with VC: If You initiate communication with VC through email, postal mail, telephone or other forms of electronic communications, Your communications may contain Personal Information.
Your Responses to Communications from VC: From time to time, VC may communicate with You through email, postal mail or other forms of electronic communications regarding Your Registration and VC. If You respond to these communications, Your responses may contain Personal Information.

You can decline to provide Your Personal Information to VC by not engaging in the activities described above. If You decline to submit Personal Information in connection with creating Your Registration, you may not be permitted to purchase or resell the Products offered by VC.

VC also collects non-personally identifiable server-log information relating to users of VC. This information may include information such as, but not limited to: (i) Your account activity, including storage usage, number of log-ins, data displayed or selected, including user interface elements, links, etc.; and (ii) Your web request, Internet Protocol address, browser type, browser language, the date and time of Your request, date and time of access, one or more cookies that may uniquely identify Your browser and referrer Uniform Resource Locator. None of this information, on its own, enables VC to personally identify or contact You.

HOW WE USE PERSONAL INFORMATION

VC only uses Personal Information for the purposes and in the manner described in this Privacy Policy. Specifically, VC only uses Your Personal Information for:

Processing Your Registration;
Fulfilling and processing Your orders for VC Products;
Fulfilling and processing requests for the VC Services;
Processing, formatting and displaying customized content on the Website for You;
Communicating with You regarding changes to: the VC Terms of Use, this Privacy Policy or any other policies or terms relating to the Products and/or Services or Your relationship with VC.
Auditing, research and analysis in order to maintain, protect and improve VC;
Communicating with You regarding new and additional Products and Services and changes to VC;
Responding to communications initiated by You; and/or
Ensuring the technical functioning of VC, including creating and maintaining back-ups or other archival copies of Personal Information and other related data.

VC restricts access to Personal Information to those retail, marketing and promotional partners, service providers, contractors and agents and each party’s respective employees, who need to access Personal Information for the purposes specified above. These entities and individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

HOW VC USES PERSONAL INFORMATION

Except as otherwise set forth herein, VC does not share Your Personal Information with other third parties without Your consent, except when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise required by law or in order to enforce or remedy a violation(s) of VC’s Terms of Use. In such circumstances, Your Personal Information may also be disclosed to VC’s attorneys.

If VC desires to use Your Personal Information for any purpose other than those described in this Privacy Policy, VC will inform you prior to such use and offer You an effective way to opt out of the use of Personal Information for those other purposes. If You opt out or otherwise decline to submit Personal Information in response to such a request, VC may not be able to provide to You some or all of the VC Products and Services or some or all of the features available on the Website.

THIRD PARTY INFORMATION

VC may collect or purchase information from third parties regarding persons who provided such information to those third parties. Information provided by the third party may include, but not limited to, individual names, email and postal addresses, telephone numbers, birth dates, genders, and any other information provided by the Third Party. VC uses commercially reasonable best efforts to ensure that (i) the third party possesses the right to transfer the information to VC and (ii) VC has received the right to communicate with the persons who provided the information.

COOKIES AND BEACONS PLACED BY VC

When You visit the Website, We send to Your computer one or more “cookies” (i.e., a small file containing a string of characters) that, among other things, uniquely identifies Your browser and allows the Website to “remember” Your computer and Your activities on the Website. VC uses cookies to uniquely and anonymously identify its users. No Personal Information is collected or stored in these cookies. These cookies cannot damage a user’s files and cannot read information from a user’s hard drive. Most web browsers are initially set up to accept cookies, but You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that some of Website’s features may not function properly and You may not be able to purchase or use the VC Products and Services if Your cookies are disabled.

A web beacon is generally a transparent graphic image (usually a very small pixel) that is placed on a website or in an email which is used to monitor behavior of a user visiting a website or email. When HTML code for a web beacon points to a site to retrieve the image, it can pass along information such as IP address of the computer that retrieved the image, time the page was viewed and length, the type of internet browser that retrieved the image, and any previously set cookie values in regards to the web beacon.

SOCIAL MEDIA AND LINKS

This Privacy Policy pertains to VC and the Products and/or Services as well as to postings You make on media, social media outlets such as VC’s Facebook page and in response to VC’s Twitter tweets. You agree that You will not at any time in any postings or any verbal or written publications, disparage VC or any of its shareholders, directors, officers, employees, or agents, including, but not limited to, any statement that disparages VC Products and/or Services, finances, financial condition or capabilities. You further agree that You will not engage in any conduct that is intended to inflict harm upon the professional reputation of VC. If VC notifies you of any such prohibited conduct, You agree to immediately remove the same. Social media platforms and other websites, such as those to which the Website link to or link to the Website, may have their own privacy policies. We encourage You to read the privacy policies and terms of use of the social media platforms used by VC and other websites that You visit either through links placed on the Website as well as those for websites that provide links to the Website. You should contact these social media platforms or websites directly if You have any questions about their use of Your Personal Information. VC is not responsible for any use of Your Personal Information or any other type of Your information when You use such third party sites and services.

INFORMATION SHARING AND ONWARD TRANSFER

VC reserves the right to sell, rent or otherwise share some or all of Your Personal Information with other companies or individuals outside of VC if:

You have consented to such sale, rental or sharing; and/or
VC becomes involved in a merger, acquisition, or any form of sale of all of its assets. In such circumstances, VC will provide notice before Personal Information is transferred and becomes subject to a different privacy policy.

In addition, VC reserves the right to share non-personally identifiable information relating to users of VC or the VC Products and Services with our partners and advertisers.

INFORMATION SECURITY

VC takes commercially reasonable and appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of its data, including Personal Information stored or maintained on its servers and other systems. These measures include internal reviews of VC’s data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to servers and systems where VC stores personal data.

DATA INTEGRITY

VC processes Personal Information only for the purposes for which it was collected and in accordance with this Privacy Policy. VC also takes commercially reasonable steps to ensure that the Personal Information We process is accurate, complete, and current, but We depend on You and our other users to update or correct their Personal Information whenever necessary.

ACCESSING AND UPDATING PERSONAL INFORMATION, OPTING OUT AND UNSUBSCRIBING

You may opt out or unsubscribe using the tools provided by VC in accordance with the provisions of VC’s Terms of Use. If You terminate Your Registration or modify the Personal Information that You provide in connection with Your Registration, VC reserves the right to retain archival copies of Your information. VC will only use Your archived information for the purposes of detecting and avoiding fraud and will share such information with third parties only when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise required by law or in order to enforce VC’s Terms of Use..

When you use VC, VC makes good faith efforts to provide you with access to your Personal Information. Where applicable, VC asks individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and VC may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where VC provides information access and correction, VC provides this service free of charge, except if doing so would require a disproportionate effort.

ENFORCEMENT

VC regularly reviews its compliance with this Privacy Policy. Please direct any questions or concerns regarding this Privacy Policy or VC’s treatment of Personal Information by contacting VC at the address below. When VC receives formal written complaints at this address, its policy is to contact the complaining User regarding the User’s concerns. VC will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Personal Information that cannot be resolved between an individual and VC.

MINORS

VC is not interested in accepting and does not knowingly collect information from individuals under the age of 18.

INTERNATIONAL PERSONS

If you are located outside of the United States, You acknowledge and agree that by using the VC Services and by accessing VC, Your Personal Information will be collected, stored, and used by VC in the United States. As such, you agree to the collection, transfer, storage and use of Your information in the United States and that the collection, storage, transfer and use of any of Your information will be governed by the laws of the United States.

GENERALLY

Please note that this Privacy Policy may change from time to time. VC will post any changes on this page of the Website. VC encourages You to check back and review this policy periodically so that You will always know what information We collect, how We use it, and to whom We disclose it.

If You have any additional questions or concerns about this Policy, please contact us, with specificity, at info@vardicompany.com.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 allows users who are California residents to request information about the disclosure of their personal information to third parties for direct marketing purposes. To make such a request, please contact us by emailing info@vardicompany.com and using the heading CALIFORNIA PRIVACY DISCLOSURE REQUEST.

MORE INFORMATION

VC adheres to the US safe harbor privacy principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement. For more information about the Safe Harbor framework, see the Department of Commerce’s web site.

SEVERABILITY

If any provision of this Privacy Policy is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

DISPUTES

Any controversy or dispute between You and VC (the “parties”) concerning the Website, the Products and/or Services, the Content, the Privacy Policy and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York County, New York. Each of the parties shall bear all of its own costs of arbitration, except You are responsible if Steven Vardi Inc. is the Prevailing Party, per the below. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

Should Steven Vardi Inc., Vardi Company and/or any of its related, affiliated and/or subsidiary companies be a Prevailing Party in any litigation to enforce the terms of this Privacy Policy, You shall be responsible for and pay the reasonable costs and fees of each of their attorneys associated with such litigation, including appeals. Steven Vardi Inc., Vardi Company and/or any of its related, affiliated and/or subsidiary companies shall be a “Prevailing Party” if it obtains temporary, preliminary and/or permanent injunctive relief, or is awarded monetary damages for such breach or threatened breach. To the extent permitted by law, Steven Vardi Inc., Vardi Company and/or any of its related, affiliated and/or subsidiary companies shall not be required to post a bond if injunctive relief is granted.