Last modified: October 2, 2005
Privacy Policy
Bad Hombre Designs respects your
privacy. Consistent with our commitment to providing a satisfying shopping
experience through collecting Personal Information (defined below) through
www.BadHombre.com (the "Site") and our stores, including but not limited
to Bad Hombre stores and Bad Hombre Designs Factory Stores. Factory Outlets
(referred to in this Privacy Policy as the "Stores"), helps us better understand
the products and services most helpful to you. Our Privacy Policy describes
the types of information we gather online and in our Stores and how we
use this information. Please read this information carefully.
By accessing the Site and shopping
in our stores, we agree to the Privacy Policy. This Privacy Policy may
be updated from time to time. Accordingly, you should check the date of
this Policy (which appears at the top of this page) and review any changes
since the last version. If at any time you do not agree to the terms of
this Privacy Policy, please do not use this Site and refrain from purchasing
from us.
Our products are also available
for sale in Bad Hombre shops within many department stores. Data collected
in these stores is the property of the department stores and is not provided
to Bad Hombre Designs. If you have questions about department store privacy
policies, please contact the applicable department store.
Security and SSL
Protecting your order information
is a priority for us. We use Secure Sockets Layer (SSL) technology to protect
the security of your online order information. To check the security of
your connection, look at the lower right-hand corner of your browser window
after accessing the server. If you see an unbroken key or a closed lock
(depending on your browser), then SSL is active and the server is secure.
You can also double-check by looking at the URL line of your browser. When
accessing a secure server, the first characters of the Site address will
change from "http" to "https." Some versions of browsers and some firewalls
don't permit communication through secure servers. In that case, you won't
be able to connect to the server and therefore won't be able to place an
order through a secure connection. If you cannot access the secure server
for any reason, please print our shopping page and place your order by
phone at 714-748-7927.
Use of Information Collected by
Us
Bad Hombre may collect two types
of information about users: "Personal Information" (such as name, email
address, mailing address, phone number, credit card number and the items
you purchase) and "Aggregate Information" (such as information about how
many users log on to our Site on a daily basis or frequency of customer
visits to Bad Hombre Designs Stores).
We use customer information in an
effort to improve your shopping experience and to communicate with you
about our products, services, promotions and contests. We may also use
this information to make offers to you, to help us target specific products
and services to you, and to help us develop and improve our Site and Stores
and tailor our Site and Stores to your interests.
Personal Information Collected
Online by BadHombre.com and at Our Stores
Personal Information is collected
online by us or our service providers (e.g., such as DoubleClick) on our
behalf when users voluntarily register with BadHombre.com to purchase items,
receive electronic newsletters, use community and communication services,
answer surveys and enter contests and other promotional opportunities provided
on BadHombre.com, when users make a purchase, and when users utilize the
"Email to a Friend" feature. We also maintain a record of your product
interests and purchases online. We may receive personal usage and demographic
information from our Stores and from third parties we work with.
In our Stores, Personal Information
is collected from you in a number of ways, including the following:
• When you purchase products from
our Stores, we may collect your name, address, email address, telephone
number(s) and credit card information (with the expiration date). In addition,
we collect transaction information related to your purchase (such as what
you bought, the price you paid, the payment method you used and if the
product was on sale).
• When you apply for a credit card
account through our Stores, we may also collect income, employment information
and credit information, such as credit cards owned by you, in addition
to identifying information, such as your name, address, telephone number(s),
email
address(es), income and employment status.
• When you fill out a tailoring
order or instruct us to mail product to another location, we may collect
your name, address, email address, telephone number and credit card information.
• When you fill out any in-store
promotional surveys, we may gather certain Personal Information, such as
your opinions on specific products and/or services, in addition to identifying
information, such as your name, address, telephone number(s), email address(es),
income and employment status.
Aggregate Information Collected
Online by BadHombre.com and at Our Stores
Aggregate Information is non-personally
identifiable/anonymous information about you, such as age, gender, types
of products purchased, frequency of Store visits, Site pages you access
most frequently or search terms you enter. Aggregate Information is used
in a collective manner, and no single person can be identified by that
compiled information. For example, the number of people who shopped at
BadHombre.com during a specific time period or the number of people who
shopped at our Stores who are 25 years of age is Aggregate Information
that does not personally identify a specific user. Both BadHombre.com and
our Stores collect Aggregate Information.
Order-related and Promotional
email
You agree that BadHombre.com is
authorized to transmit email to you for the purpose of informing you about
your particular transaction.
In addition, BadHombre.com and its
affiliates may offer electronic newsletters and promotional emails to those
who have agreed to receive emails during registration or directly from
our email sign-up form. Unsubscribe instructions are included in each promotional
email.
Sharing Information with Third
Parties
BadHombre.com does not share, sell
or trade with third parties your Personal Information gathered online,
such as email addresses, Personal Information collected as part of an online
survey or other specific details about you, except with your consent or
as described in this Privacy Policy. BadHombre.com does not contribute
to or participate in cooperative databases, which give other companies
access to such Personal Information.
The Personal Information and Aggregate
Information collected at our Stores may be shared with BadHombre.com as
well as reputable third-party organizations to contact consumers for marketing
and promotional purposes. Third party contacts to our customers may be
initiated only by postal mail. Except as described in this Privacy Policy,
our Stores will not share your telephone number or e-mail address. In addition,
in the event that you apply for a credit card account, our Stores may share
the Personal Information we have collected with credit card companies and
credit agencies.
BadHombre.com and our Stores may
divulge Personal Information if such action is required for Bad Hombre
or any of our service providers or consultants to comply with any valid
legal process, such as a subpoena, search warrant, statute or court order,
or any valid administrative request from a law enforcement agency. In addition,
we may divulge Personal Information if we or any of our service providers
or consultants believes that such disclosure is necessary to address any
unlawful acts or acts that may endanger the health or safety of another
customer or of the general public.
Service Providers, Consultants
and Affiliates
We may share Personal Information
and Aggregate Information with our service providers, consultants and affiliates
for our internal business purposes.
Use of Cookies
A cookie is a small data file that
Web sites, when you visit them, often store on your hard drive. A cookie
may contain information (such as unique user ID), which is used to track
the pages of the sites you have visited. BadHombre.com uses cookies to
preserve the contents of your shopping bag between your visits. BadHombre.com
also uses cookies to measure activity on our Site, which allows us to determine
which areas and features of our Site are most popular. This information
allows us to make improvements and updates to enhance your BadHombre.com
experience. Parts of the Site, such as the members-only areas (for example,
shopping) will not function if you do not have cookies enabled. You can
set your browser to refuse cookies, or to alert you when cookies are being
sent. If you turn off cookies or refuse them, though, you will not be able
to make a purchase from the Site, nor will we be able to recognize you
as a registered user to allow you access to your account information.
To enable or disable cookies on your
browser, please consult your browser documentation or contact your software
provider.
Use of Pixel Tags/Clear GIFs/Web
Beacons
A pixel tag, also known as a clear
GIF or web beacon, is an invisible tag placed on certain pages of our Site
but not on your computer. When you access these pages, pixel tags generate
a generic notice of that visit. They usually work in conjunction with cookies,
registering when a particular computer visits a particular page. If you
turn off cookies the pixel tag will simply detect an anonymous website
visit.
Information Removal/Opt-Out
If you prefer not to receive marketing
emails from BadHombre.com, please let us know by (a) sending us an email
at unsubscribe@BadHombre.com, or by (b) clicking on the unsubscribe link
within any marketing email you receive from us.
Please note that such requests may
take up to ten (10) days to become effective.
Children and Privacy
BadHombre.com is concerned about
the safety of children when they use the internet, and understands that
children may not understand all the provisions of our Privacy Policy or
make informed decisions about the choices that are made available to adult
users of the Site. We encourage parents and guardians to spend time with
their children online and to be familiar with the sites their children
visit.
Our Site is not directed to children
under the age of 13, and we will never request personally identifiable
information from anyone whom we know to be under the age of 13 without
verifiable parental consent. If we become aware that a customer is under
the age of 13 and has registered without prior verifiable parental consent,
we will remove his or her personally identifiable registration information
from our files.
Links to Other Sites
BadHombre.com may contain links
to sites other than our own. Those sites may have their own privacy policy,
or no privacy policy at all. Neither we nor any of our service providers
have any responsibility for those sites, and we provide these links solely
for the convenience of our visitors. Such links may be to advertisers,
content providers or other companies who may use our logo and/or style
as a result of a co-branding agreement. These sites may send their own
cookies to you and may collect information and use it in a way inconsistent
with this Privacy Policy. We encourage you to review the privacy policies
and terms of use of any third-party sites or services before providing
any of them with any of your Personal Information. Neither Bad Hombre nor
any of our service providers control the content that appears on these
sites or take any responsibility for their content, nor should it be implied
that BadHombre.com endorses or otherwise recommends such sites or their
products or services offered.
Additional Information
No transmission of data over the
internet is guaranteed to be completely secure. It may be possible for
third parties not under the control of BadHombre.com to intercept or access
transmissions or private communications unlawfully. While we strive to
protect your Personal Information, neither BadHombre.com nor any of our
service providers can ensure or warrant the security of any information
you transmit to us over the internet. Any such transmission is done at
your own risk.
Limitation on Liability
IN NO EVENT SHALL BADHOMBRE.COM,
THE BAD HOMBRE DESIGNS STORES OR ANY OF THEIR AFFILIATED ENTITIES OR SUPPLIERS
BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT,
NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS
AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding
any failure of essential purpose or the existence of any limited remedy.
Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential
or incidental damages, the above limitations may not apply to you.
Applicable Law
The laws of the State of California
will govern these disclaimers, terms and conditions without giving effect
to any principles of conflict of law.
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