Shane Co.
Privacy Policy

Last Updated: May 28, 2021

This Privacy Policy applies to all of our sites. This Privacy Policy does not apply to our in-store public WiFi.

The Shane Co. (“Shane Co.,” “we,” “us” or “our”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Policy describes how we treat personal information. This includes on the websites where it is located. It also applies to our information collection and tracking practices. Any capitalized terms we don't define in this policy are defined in our Terms and Conditions (https://www.shaneco.com/about/terms-and-conditions).

PLEASE NOTE THAT THIS AGREEMENT CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:

• BINDING INDIVIDUAL ARBITRATION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY

• OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS

• INFORMATION FOR RESIDENTS OF CALIFORNIA AND THE EUROPEAN UNION

BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY AS IF YOU HAD SIGNED IT.

We collect information from and about you.

The information we learn from customers helps us personalize and continually improve your Shane Co. experience. Here are the types of information we gather.

Information You Submit to Shane Co. We receive and store any information you enter on our Web site or give us in any other way. Types of information that you may submit, and we may collect include:

  • Contact Information. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you. For example, we collect your name and email address if you register on our site. We might collect your phone number or zip code. We might also collect your mailing address.
     
  • Payment Information. For example, we may collect your credit card number if you make a layaway order from Shaneco.com. This information is deleted after a purchase is made.
     
  • Information You Submit or Post. We collect the information you post in a public space on our site. We also collect information when you contact us.
     
  • Demographic Information. We may collect information like your gender and age. We may also collect your zip code. We might collect this when you contact us or enter a promotion, sweepstakes or contest, or when you make a purchase from Shaneco.com.
  • Content Related Information. When uploading pictures, a name and an email address may be required. Generally, the information collected helps us to communicate with you regarding content that you have submitted. For instance, we may use your email address to notify you of the status of the content you have submitted.

Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses shaneco.com or advertisements. We may collect information about the browser you're using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.

Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device ("Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Website. When you visit our Website to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Web Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Web Site, how visitors navigate throughout the Web Site or the Service and to gather broad demographic information for aggregate use.

We may also collect Device Identifiable Information through "cookies” or "web beacons” as explained below.

We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

We collect information in different ways.

We collect information directly from you. We receive and store any information you enter on our sites or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails or texts alerts, when you use our website, including Shane Co. MyWay, and when you make purchases from us either online or in person. We also collect information if you contact us. We collect information about you through our websites and retail points of contact.

We collect information from you passively. On our platforms, which include our sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from Affiliates, we may gather information passively on their platforms. Tools we use include browser cookies and web beacons.

What are "cookies", "pixels", "widgets" and "analytics"?

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as Shane Co. MyWay, personalized advertisements on other Web sites, and storage of items in your Shopping Cart between visits.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of ShaneCo.com’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any ShaneCo.com products and services that require you to Sign in.

“Pixels”/“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

“Social Media Widgets” such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive miniprograms) may be on our Site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit https://policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions

Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools

Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

We get information about you from third parties. . For example, social media platforms may also give us information about you. This might include getting information from social media plugins. Affiliates or other business partners may also give us information. This might include information they gathered passively.

Notwithstanding any other provision, we may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.

We use information as disclosed and described here.

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.

We use information to respond to your requests or questions. For example, we might use your information to respond to your customer feedback.

We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.

We use information to communicate with you. We may send you emails and text messages you have consented to receive, such as promotional messages and transactional messages.

If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us, and that such messages may be from an automated system. If you have opted-in to receive text messages we do not charge you for the text message, provided, however, that standard messaging and data rates will apply to each text message in accordance with your wireless plan and your carrier’s policies. We do not require you to agree to receive text messages as a condition of making any purchase. If you need help with text messages text HELP to 720-730-2009. Text messages may not be delivered to you due to factors beyond our control such as transmission range, your carrier’s policies, or your phone plan.

You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-out of receiving certain communication from us.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, knowhow, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

We Engage in Interest-Based Advertising.

ShaneCo.com and our partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps.

Interest-based advertising includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. For example, providing you with promotional materials we think you would like based on your shopping activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.

To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. For example, we or our partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.

We work with third parties who might help gather this information or with whom we might share your information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.

The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit http://www.aboutads.info/choices/. Your opt-out is both browser and device specific.

We Use Various Tracking Technologies.

We–or third parties we work with–use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We also have third parties that collect personal information this way. We do this for many reasons, including the following:

  • To engage in interest-based advertising as discussed above.
  • To understand the activities and behaviors of customers and platform users.
  • To recognize new visitors to our websites.
  • To recognize past customers.
  • To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements. For example, to avoid repeatedly showing you the same advertisements.
  • To serve customized advertising (whether on our website or others you visit).
  • So we can better understand our audience, our customers, our website visitors, and their respective interests. For example, to understand what ads are of interest to consumers.

We work with third parties who provide us with certain web search services.

We use information for security purposes. We may use information to protect our company, our customers, and our websites.

We use information for marketing purposes. If you register with our site or if you optin to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, text, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your shopping history on Affiliates or other third-party platforms.

We utilize Third-Party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

We use information to communicate with you about your account or our relationship. We may contact you about your account or feedback. We might also contact you about this Policy or our website Terms.

We use information as otherwise permitted by law.

We may share information with third parties.

We will share information within the Shane Co. family of companies.

We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with companies that operate our websites or run a promotion.

We will share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our Affiliates to process orders or understand preferences. Or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you look at. Third parties may use information for their own marketing or advertising purposes.

We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of ShaneCo.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

We may share information with any successor to all or part of our business. . As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any preexisting Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Shane Co., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets

We may share information for other reasons we may describe to you.

You have certain choices about sharing and marketing practices.

You can choose not to provide us with information. You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such ShaneCo.com features as Your Account, Shane Co. MyWay, and Customer Reviews.

You can opt out of receiving our marketing email and texts. To stop receiving our promotional emails, you may opt-out by one of the following methods:

To stop receiving our promotional texts, you may opt-out by one of the following methods:

If you opt-out of receiving text messages, you may receive 1 final text message confirming your decision to unsubscribe.

Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text

Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them. If you participate in Shane Co. MyWay, you may need to separately opt out of notices and other email content.

You can request access to certain information. You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at support@shaneco.com. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

You can control cookies and tracking tools. Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

If you block cookies on your browser, certain features on our sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.

Your California privacy rights.

This section of the Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”).

In accordance with the CCPA, this Policy discloses:

  • what categories of personal information and the specific pieces of personal information we collect;
     
  • how that personal information is collected and how we use it;
     
  • the categories of personal information that are shared with third parties;.
     
  • the categories or types of third parties with whom we share personal information.
     

As a California resident you can request a list of the personal information we collected from you, a list of the personal information we have shared with third parties, and a list of the names of third parties with whom we have shared your personal information. You may make such a request twice per year at no charge to you.

You may also request that we do not sell or disclose your personal information to third parties. However, to provide you with most our services and access to our sites we need to share certain aspects of your personal information with our third party service providers. Accordingly, such request may affect how you use and access our website and receive our services.

You may also request that we, and any third parties with whom we have shared your personal information, delete all your personal information. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any transaction that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.

To make any of the foregoing requests, email us at CustomerServiceRep@shaneco.com with the subject line “California Consumer Protection Act Request,” or call us toll-free at 866-467-4263.

Our Sites and children.

Our sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at CustomerServiceRep@shaneco.com. You can also write to us at the address listed at the end of this policy. Please mark your inquiries "COPPA Information Request." Parents, you can learn more about how to protect children's privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy.

We store information in the United States.

Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

We use standard security measures.

We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time.

We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.

Our Site and Do Not Track Signals.

Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.

You can update your information.

To update your information, log into the site and click the "My Account" link at the top of every ShaneCo.com page. You can also update it by clicking here: https://www.shaneco.com/account-login. It may take us up to 10 business days to process account changes.

We may link to other sites or have third party services on our site we do not control.

If you click on a link to a third party site, you will be taken to websites we do not control. This policy does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for these third party sites. Our site may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our Affiliates. This includes their use of cookies and other tracking technologies.

Feel free to contact us if you have more questions.

If you have any questions or concerns about this Privacy Policy, you may contact us at:

Shane Co.
Attn: Privacy
P.O. Box 3552 Englewood, CO 80155-9922
Email: CustomerServiceRep@shaneco.com

Terms of Use, Notices, Revisions, Limitation on Liability, Arbitration

If you choose to visit ShaneCo.com, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Colorado. If you have any concern about privacy at ShaneCo.com, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Policy and the Terms of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Except where prohibited, by visiting and using ShaneCo.com, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) SHANE CO.’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHANE CO. SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THIS PRIVACY POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Rights for Residents of the European Union or Switzerland

This section of the Privacy Policy applies only if you use our website or Services covered by this Privacy Policy from a country that is a Member State of the European Union or Switzerland, and supplements the information in this Privacy Policy.

Controller of Personal Information

To the extent that Shane Co. is subject to the laws of the European Union and Switzerland when processing personal data (“Personal Data”), it shall be the “data controller” under such laws.

Legal Basis for Data Processing

We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and Shane Co. (for example, to facilitate a purchase on Shaneco.com, to provide you with other services that you request, or for resolving billing or customer service inquiries related to your use of our Services); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our Services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing privacy@shaneco.com) without affecting the lawfulness of processing based on consent before its withdrawal.

In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our Services, and for you to use all the features of our website.

International Transfers of Personal Data

The nature of Shane Co.’s business means that the Personal Data collected through our Services will be transferred to the United States. Also, the Shane Co. personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure.

Your Rights

If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact our Data Protection Officer, at privacy@shaneco.com. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

CONTENT UPLOADER TERMS OF USE

We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our site (“Platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA

A. Notification of Alleged Copyright Infringement

If you believe that your work has been copied and made available in a way that constitutes copyright infringement, you may send a written document to CustomerServiceRep@shaneco.com that contains the following (a “Notice”):

  • A description of the copyrighted work that you claim has been infringed.
     
  • Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
     
  • An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright.
     
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
     
  • A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.
     
  • Your name, mailing address, telephone number, and email address.
     

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you misrepresent that content uploaded by another Platform user is infringing your copyright.

Upon receiving a proper Notice, we will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter Notice Procedure

If you believe your own copyrighted material has been removed from the Platform in error, you may submit a written Counter Notice to CustomerServiceRep@shaneco.com that includes the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
     
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the Northern District of California or any other judicial district in which may be found.
     
  • A statement that you will accept service of process from the party that filed the Notice or the party's agent.
     
  • Your name, address and telephone number
     
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
     
  • Your physical or electronic signature.
     

If you send a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.

C. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platform.

In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platform.

Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. We have adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.

D. Representations and Warranties

You represent and warrant that any content you upload to the Platform does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.

E. User Content Restrictions

You may not upload, post, or transmit any images, video, text, audio, or other content or materials (collectively, “User Content”) that: (a) would violate or infringe our proprietary, privacy, publicity, or intellectual property rights, or those of any third party; (b) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (c) violates any applicable law, statute, ordinance, or regulation; (d) puts in jeopardy the security of your account, us, the Platform, or any third party; or (e) promotes or displays any of the following content: (i) pornography; (ii) violence; (iii) racial intolerance or advocacy against any individual, group, or organization; (iv) profanity; or (v) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from this site. You understand and expressly acknowledge that by using the Platform you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the Platform.